Barry Cowen (Offaly, Fianna Fail) | Oireachtas source

I will speak briefly on the same issue as Deputy Coppinger and others.  The Government is seeking, in amendment No. 92, to reverse a decision that was made by the Seanad. The number of units provided for under what has become known as the Tyrrelstown amendment was initially 20, but the Seanad reduced that to five.  From our perspective, it is right to set the figure at five to make adequate provision for involuntary landlords.  It could be argued that they are not too involuntary if they are renting out five units.  The rationale was that the Tyrrelstown provision should be protected in some shape or form.  It appears that legal advice to the contrary has been received since this decision was made by the Seanad.  I await the Minister’s confirmation of this.  If there has been legal advice to the contrary, it is obvious that it has been received from the Attorney General.  If she is saying that an amendment like this is unconstitutional, that needs to be stated categorically.

If that be the case and we persist in fighting this amendment and retain the status quo, as agreed by the Seanad, then we would run the risk of the Bill falling were the issue to be challenged. That is not something to which we can be a party. I earnestly call on the Minister to confirm that this is the case. Furthermore, I call on him to commit - in writing - to provide for the thrust, will and sentiment of the Seanad, as well as of the Dáil, either immediately after Christmas or in January. If we had pushed the matter to vote, we might well have won. There should be an amendment to the Bill in order to ensure that there will be adequate legal provision.

There is a view – one that I might share – in respect of commercial properties and the Minister is well aware of it. This view relates to the fact that tenants can be unaffected by sales. It is not a voluntary code and it can be enforced by law. I am keen to hear the detail that has been provided to the Minister and the Cabinet. I assume it is the advice of the Attorney General. Was that information not provided to the Cabinet and the Minister when the Bill was facing the amendment made by my colleagues in the Seanad some weeks ago? We await the contribution of the Minister to allow us to accept the Attorney General's advice, if that be the case.

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