Michael McNamara (Clare, Labour) | Oireachtas source

I also wish to address the issue of upward-only rent reviews. Fine Gael and the Labour Party, in their pre-election manifestos, promised to tackle this issue, but they were unable to proceed with the envisaged Bill on the advice of the Attorney General. Contrary to what Deputy Dara Calleary said, Mr. Justice Charleton's decision of yesterday which I suggest he read does not question the general principle that banning upward-only rent reviews retrospectively would be unlawful. It deals with a very specific contract, as Mr. Justice Charleton makes very clear. Nevertheless, the difficulty in respect of upward-only rent reviews prevails. Everybody in this Chamber has been canvassing in Meath East. One only has to walk down any high street in Ireland, whether in Kilrush, Ennis or any town in Meath East, to see that many shops are closing. Mr. Justice Charleton specifically deals with the fact that he is not in a position to put himself in the place of the parties and negotiate a better deal for one party, even if that is what should have been negotiated at the time and even if it leads to liquidation, which is the difficulty. Businesses are being liquidated on the basis that they cannot pay their rent. However, after they have been liquidated, somebody else rents the premises and will perhaps pay 50% less. Those located beside that person must compete with somebody else who is paying 50% less. The problem prevails and I urge the Minister for Justice and Equality to consider holding a referendum on the issue. If we can hold a referendum to reduce the pay of judges and abolish the Upper House, I do not see why we cannot hold one to clarify whether we can abolish upward-only rent reviews, even if they have been agreed to before the referendum. I look forward to the Minister's response.

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