Dáil debates

Tuesday, 13 December 2011

4:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)

I have here a list of issues that have been dealt with under the programme for Government. It is too long to read out to Deputy Martin. I will send Deputy Martin a copy.

There are 26 elements of the programme for Government covered under the most recent budget. They range from the highest transparency in respect of NAMA with the Minister for Finance to establish the advisory group to advise him on NAMA strategy and his capacity to deliver on that strategy, to the commitment to allow a rebate in respect of farm diesel in regard to carbon tax, with a double income tax deduction for that. There are 26 elements of the programme for Government dealt with in the most recent budget.

It is not only about having a budget to implement issues in the programme for Government. The programme for Government is something on which we will deliver to the maximum extent possible.

I must state quite openly that we genuinely believed it would be possible to legislate in respect of upward-only rent reviews but the clear evidence in respect of this being constitutionally impossible was there from the legal advice of the former Attorney General and other senior counsel opinion besides, to the effect one would end up having to compensate landlords if one was to introduce such legislation. Following discussions with the Minister for Finance, NAMA has responded by indicating it will deal with the properties in its portfolio in respect of upward-only rent reviews.

This is an issue of considerable concern to retailers. I spoke to somebody yesterday who is paying three times the rent of the next-door tenant - this is always difficult. The de facto position on the ground in many cases is that rents have been reviewed downward by virtue of circumstance. Clearly, with retailers under pressure from rates and a flat indigenous economy, the position has become very much more difficult. From that point of view, quite a sizeable number of rents have been renegotiated downwards where the other situation applied.

I say to Deputy Martin quite openly that it has been impossible to deliver on the commitment that we thought genuinely we could do by putting it into the programme for Government. There is a constitutional barrier we could not cross but we are making other arrangements in respect of some retail outlets - those in NAMA - and the Minister is considering what else can be done. However, there are 26 elements in the recent budget.

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