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Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: It will be a significant delay and we do not know when this commencement order will begin. It goes back to my original point that it may have proved to be a hasty intervention on the Minister's part to tag on this new section. It was reported, and sources close to the Minister's office intimated it, that this prohibition on upward only rent reviews would be law by the middle of July. This,...

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: He is the Minister.

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: Fair enough.

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: There are no courts in July, August and September anyway.

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: I attribute the confusion to the fact that this legislation is being rushed and ultimately guillotined. We are being asked to amend our amendments to the Minister's amendments. When I sought clarification on the matter earlier this evening, I had no choice other than to proceed on the basis of the documentation that had been circulated. I have that documentation in front of me now.

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: You have, a Cheann Comhairle. I am grateful for the explanation.

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: It obviates the necessity for the Ceann Comhairle's office to write to me in the morning.

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: I assume this will save on administration costs for the Courts Service. Otherwise, there would probably be an unfair burden in terms of administration. How will people have notice of the existence of a lis pendens if the Courts Service does not know about it or is not in a position to administer the registration? How will we know of the continued existence of the lis pendens, and where...

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: Will the register be maintained by the Courts Service?

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: This important amendment provides that new agreements for leases will be neutral as regards rent reviews. Having listened carefully to the arguments put by Deputy Ciarán Lynch, I am not sure whether the Minister can go any further than he already has. I assume retrospection is not an option and that the legislation will affect agreements which have not yet become leases. I welcome the...

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: That is a consequence of rushed and unco-ordinated procedures. I can only respond to the Ceann Comhairle and he can only deal with what he has been told by the Clerk. This is the first time I have heard about the matter. I would have thought that I should have been informed as a courtesy, particularly given that I went to the trouble of visiting the office this afternoon to inquire into...

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: In fairness, the Ceann Comhairle is offering to write to me at 9.30 p.m., when I am on my feet discussing an amendment, regarding something he has been told by the Clerk of the Dáil but to which I am not privy.

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: I would have thought that I should have been informed as a courtesy.

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: The debate will have been guillotined by that stage. Important issues have been raised by Deputies Ciarán Lynch and Tuffy and the Minister has undertaken an initiative. To treat a Deputy with such discourtesy as I am alleging is unfair, particularly given that I have been around the House throughout today and yesterday.

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Charles Flanagan: I will accept the Ceann Comhairle's word. The Minister appears to have grasped the import of what I was suggesting in my amendment and I hope he will confirm that in his reply. Agreements for leases are, in effect, leases and it may be unduly harsh on those who have already concluded agreements but not yet leases. I would welcome confirmation of that point from the Minister and would be...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Charles Flanagan: The Minister will be familiar with trees from previous expeditions he undertook in London and north County Dublin regarding his former colleague, the former Deputy, Ray Burke. He should talk to the Minister for the Environment, Heritage and Local Government, Deputy Gormley, about this issue. It is a real issue in the context of a citizen not having an immediate right of redress in...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Charles Flanagan: Will the Acting Chairman not do a Judge Judy on it?

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Charles Flanagan: It is a tort of nuisance.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Charles Flanagan: I accept what the Minister said that these amendments are being made on the basis of a written submission made by the conveyancing committee of the Law Society which engages in the practice of these matters. I welcome what the Minister has done in compliance with the recommendation.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Charles Flanagan: I thank the Minister for making that change.

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