Barry Cowen (Offaly, Fianna Fail) | Oireachtas source

I wish to speak on amendment No. 100. Fianna Fáil wishes to raise the issue that in the case where a receiver is appointed, the same receiver would have the same obligations as a landlord, as per the various rules, regulations and obligations that are in the legislation in this instance.

It is my understanding that the Minister may have legal opinion to suggest otherwise. If that is the case, we need to hear it. Obviously, it is the Attorney General's advice. Was it not made available to him during the passage of the legislation through the Seanad? If not, why not, and why was it done subsequently? Is that legal advice such that it may have the potential for the Bill to fall at a later date if this section was challenged? If that is the case, as in the previous instance, we will withdraw the amendment but would again seek clarification and a commitment from the Minister on the record of the House that he will write to us in the new year confirming his intention to provide amending legislation along the lines intended in this amendment, with a view to it having the legal backing of the Attorney General.

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