Dáil debates

Tuesday, 9 March 2010

Land and Land Conveyancing Law Reform (Review of Rent in Certain Cases)(Amendment) Bill 2010: Second Stage

 

8:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

At first sight, it is also possible that the envisaged restriction on property rights would be disproportionate to the social good apparently sought to be achieved. In essence, what the Bill seeks to bring about is a downward adjustment in rents across the board. It is difficult to conceive how this would be possible to implement in a constitutional manner.

It can be guaranteed that if this Bill were to be enacted, the State would undoubtedly face a number of legal challenges from those whose position was adversely affected by its provisions. We would be mired in litigation with no confidence of a successful outcome for many years to come. Even if we could intervene retrospectively it would send an unmistakable signal to business - I accept there are business people in the Public Gallery and obviously they are required to be here by the Labour Party - that this State would intervene, willy-nilly, with private contractual rights in a significant and arbitrary manner whenever it decided.

I suggest that the business community would want to be very careful about what is being proposed in this respect because if that is the case it would set a precedent for State intervention at any time when it so decided -----

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