Brian Stanley (Laois, Sinn Fein) | Oireachtas source

The report has been available for the past couple of weeks. I had hoped the Minister had a copy, but I recognise he has not had access to it. We will correct this.

With regard to retrospective legislation and the Constitution, Article 43 is the article to which the Minister alludes. It states exercising the right to private ownership ought to be regulated by the principles of social justice. Article 43.2.2° states: "The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good". The provision is qualified by the recognition of the common good. The Constitution is very clear. If it is not, we can change it. Has the Minister sought the opinion of the Attorney General on this issue? The former Deputy and Attorney General Senator Michael McDowell has expressed a view that is different from that of the Minister. If the Minister did obtain an opinion from the Attorney General, what was it? If Article 43 of the Constitution is a problem, it should be noted that we have had referendums on issues that some people might not count as being too important. Having proper, functioning and open media is key in a democracy. There is nothing stopping us from holding a referendum on this issue. The Constitution was used as an excuse by the previous Government in the case of upward-only rent reviews. The Minister should not use it as an excuse in this case.

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