Dara Calleary (Mayo, Fianna Fail)
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Question 61: To ask the Minister for Justice and Equality the position regarding the issue of upward only rent reviews on existing commercial leases; when we can expect a proposal from him; and if he will make a statement on the matter. [24669/11]

Eoghan Murphy (Dublin South East, Fine Gael)
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Question 388: To ask the Minister for Justice and Equality the position regarding the proposed abolition of upward only rent reviews for existing leases. [24779/11]

Dominic Hannigan (Meath East, Labour)
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Question 397: To ask the Minister for Justice and Equality his plans to introduce legislation to end upward only rent reviews in this Dáil term; and if he will make a statement on the matter. [24893/11]

Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 61, 388, 397 and 398 together.

The programme for Government indicates that legislation will be introduced to end upward only rent reviews for existing business leases. Following on from an initial consultation process with the Attorney General, I have forwarded outline proposals to her for further examination and development. Those proposals have been the subject of preliminary discussion by Government. The recently published legislative programme indicates the relevant legislation will be published during the current Dáil session.

It is also my intention to secure the swift enactment of the Property Services (Regulation) Bill 2009 which is awaiting Committee Stage in Dáil Éireann. Among the Committee Stage amendments which I will propose to the Bill is a series of amendments relating to the establishment of a public database containing relevant details of letting arrangements and rent reviews in the commercial property market. It has long been acknowledged that the absence of such a database has contributed to the undoubted information deficit which exists in this area. When established, the information contained in the database will introduce a welcome degree of transparency into the workings of the commercial property market. Accurate information about rent levels is a critical element in ensuring a true market rent emerges from the rent review process and I am acutely conscious that the perceived absence of such information has led to a lack of confidence in the current rent review system.

Dara Calleary (Mayo, Fianna Fail)
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Will the Minister provide a flavour of the outline proposals? I understand they have been discussed informally with some representative organisations of business, yet the Oireachtas has not had sight of them. Are the Minister and Attorney General singing from the same hymn sheet on this issue or are there differences of opinion between them, significant or otherwise? The question was tabled before the legislative schedule was published. When does the Minister expect the proposed changes to hit the street, as it were? In other words, when will traders who are suffering at present see the results on their bottom line?

Alan Shatter (Dublin South, Fine Gael)
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I confirm that I have met different organisations to obtain their views on different approaches that may be taken in the development of the legislation. I do not normally sing hymns but I assure the Deputy that the Attorney General and I are co-operating very closely in the development of the legislation. This is a difficult and complicated area to address. There are various rights issues of which we must be conscious in the manner in which we approach this. We have yet to bring what I describe as the final form of the Bill to Cabinet. There has been, however, a preliminary discussion by the Government on the approach we are taking. While we hope to publish the legislation before the end of this term, I am not in a position to give the Deputy a specific time. As we continue to develop the Bill and progress through October and into early November, I hope to have a clearer perspective of the exact time. The legislation is part of the programme for Government and is in the A list of Bills to be published during this session. I am anxious we meet that commitment.

Dara Calleary (Mayo, Fianna Fail)
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While the Minister may not sing hymns, he has some good broken records in his collection. Will he be required to consult the troika on the provisions of the Bill?

Alan Shatter (Dublin South, Fine Gael)
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That is an interesting question to which I am not sure of the answer. The legislation is a commitment in the programme for Government in the context of it addressing a very important issue which is impacting on our economy and the viability of otherwise viable businesses. On the other side of the equation, in the context of its relevance to the operation and functioning of the National Asset Management Agency and the disposal of properties, there are a broad range of issues to be addressed, all of which we are conscious of. I envisage that we will bring forward a carefully balanced Bill which I hope will meet the needs in this area in a practical and usable manner and will try to ensure the needs of businesses that would otherwise be viable, save for the fact that they may be tied to rental levels that reflect what I describe as the super-rents that seemed to emerge during the boom years, may be addressed. A number of technical issues need to be addressed in the context of the legislation. I do not want to pre-empt the final decisions that will be made and hope to bring forward the necessary legislation as soon as possible.