Paul Bradford (Fine Gael)

I agree with Senator John Paul Phelan. We all must accept that from time to time the compulsory purchase of land is a necessary part of building the infrastructure of the country, and it is very disappointing for the landowner to lose his or her property against his or her will. It sometimes has to happen for the common good. It is blatantly unfair that the landowner is then treated in the same way as a property speculator. The value of whatever land is taken is dealt with as though he or she was speculating on land.

Where a farmer, part-time farmer or any property owner has his or her property acquired by compulsory purchase order the application of capital gains tax to the moneys received cannot be justified. That property or land holder should be facilitated and allowed to reinvest the entire sum received in compensation in a similar property or a similar amount of land.

The Minister of State is very much aware of the situation outlined by my colleague. In previous times he was involved in negotiations leading to certain agreements. Sometimes the agreements held up and sometimes, as can be seen in the Fermoy and Mitchelstown area, it appears they did not hold up. We must try to bring some degree of justice to the landowners concerned. It is entirely unjust that capital gains tax is applicable. This was debated already and the Minister of State made counter-arguments. The Bill has passed through the other House, but it is not possible for him or his officials to make any justifiable case for retaining the status quo. Even if the Minister of State cannot give a satisfactory response today will he signal that he is willing to seriously review this issue and allow the introduction of fairness? The present system is grossly unjust and unfair.