Dáil debates

Tuesday, 2 July 2019

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage

 

8:00 pm

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein) | Oireachtas source

I want to come in on this issue because my colleague, Deputy Ó Laoghaire, is raising an important issue. I am raising the matter with the insight drawn from my No Consent, No Sale Bill, which is receiving scrutiny at the Select Committee on Finance, Public Expenditure and Reform, and Taoiseach. The purpose of that Bill is to prevent banks from selling loans to vultures without the consent of the borrower. We were given clear advice as a result of case law that legislation intending to apply retrospectively must state explicitly that it is intended to apply retrospectively. That is based on case law and a court ruling. The presumption by the courts is that if that is not done, then it will be presumed not to apply even though the language may suggest that it does. The issues being raised need to be taken on board.

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