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Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: As I already pointed out with regard to my previous amendments, the Minister of State knows that the 2,300 annuitants cannot take up the scheme. This is the difficulty. I have no difficulty in accepting what the Minister of State said, namely, that these measures will only be implemented after consultation and in a compassionate manner. I have no difficulty that the two officials accompanying...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: The Bill states clearly that "the Department may set off any arrears of payments outstanding in respect of the land purchase annuity". In other words, any payment being made through the Department of Agriculture and Food could be taken. Section 6 expands on this aspect of the matter. It is not a partial payment or an instalment payment that will be taken. Any payment could be taken. A...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: I move amendment No. 7: In page 4, to delete line 45. This issue was discussed at length on Committee Stage. I thank the Minister of State, Deputy Brendan Smith, for providing clarification on it in correspondence dated 12 October. He stated that the provision under section 5(2)(e) will only cover leases of greater than 21 years. Will the Minister of State, Deputy Browne, put that...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: I wish to clarify that the creation of a lease for a term of less than 21 years does not require to be registered with the Land Registry. Will the Minister of State put that on the record?

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: I move amendment No. 8: In page 5, to delete lines 6 to 12. The principle of this amendment has already been discussed with amendment No. 6. The Bill provides for the attachment of earnings without having to go through the court system. It is a disappointment that these powers are being provided. As already stated, it is not my intention to encourage people to avoid repayments. I know the...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: The main problem is that it not only applies to payments due from the Department of Agriculture and Food by way of the EU or the State coffers but it can relate to any income a farmer has, whether that from off farm or some other source. A warrant can be issued for the redemption of the sum in question. One does not have the protection of the court because, sadly, this section states that a...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: I move amendment No. 1: In page 3, line 29, to delete "2004" and substitute "2005". This amendment arises from Committee Stage. The amendment is self-explanatory and proposes to remove the figure "2004" and replace it with "2005". The Bill was published on 13 July 2004 and on Committee Stage, the Minister of State at the Department of Agriculture and Food, Deputy Brendan Smith, argued that...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: I move amendment No. 2: In page 4, line 8, after "payment" to insert "or instalments". I tabled this amendment because under the proposed legislation as it currently stands, a farmer must make a lump sum payment. In some circumstances, it will be extremely difficult for farmers to do so. I believe a mechanism and facility should be put in place, especially when substantial amounts of money...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: The 25% discount is a substantial benefit to some, but not all, annuitants. Any who have significant arrears must clear them before they can benefit from this scheme, a major flaw. This legislation will not facilitate many of the people who are in financial difficulties and have significant arrears. Many who owe substantial arrears to the Department also owe substantial amounts of money to...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: Does that mean the Minister of State will accept the amendment?

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: I move amendment No. 3: In page 4, line 14, after "Finance" to insert "and Dáil Éireann". This amendment is self-explanatory. Its purpose is to ensure that before the legislation enters into force, it gets the positive approval of Dáil Éireann as well as the approval of the Minister for Finance. It is critically important that we try to facilitate as far as possible the most broad-ranging...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: I move amendment No. 4: In page 4, lines 16 and 17, to delete "in accordance with the provisions of subsection (1)". This amendment allows the Minister for Finance to re-assess the provisions laid down in this legislation before enacting the scheme. It proposes that he will not be tied into the provisions of subsection 1. I tabled this amendment because, due to the procedures of the House, I...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: What did the Minister of State say the arrears were?

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: The maths do not add up if 49 people owe €1 million or more.

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: Yes.

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: My understanding is that 49 people owe arrears in excess of €1 million, which is €49 million.

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: Do three owe €40,000 between them? I took up the wrong end of the stick.

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: I move amendment No. 5: In page 4, line 21, after "discharged" to insert the following: "where such a discharge date is not less than 2 years after the commencement date of the scheme". This is an important, sensible and straightforward amendment that was discussed on Committee Stage. Given that the Minister of State has had an opportunity over the summer to consider it in full, I am sure he...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: I am extremely disappointed that the Minister of State is not more positive about this amendment. I am seeking a reasonable period of time in which to facilitate people availing of this scheme. The reason given that this amendment cannot be accepted is because of the administrative difficulties it will create due to the number of gale days met during that period of time. Will the Minister of...

Land Bill 2004 [Seanad]: Report and Final Stages. (19 Oct 2005)

Denis Naughten: I will quote the Minister of State on that.

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