Joanna Tuffy (Labour)

I move amendment No. 14:

In page 21, between lines 31 and 32, to insert the following:

"(4) Where on the commencement of this section, or on a person becoming entitled to a fee tail after such commencement, another person's estate or interest inland is extinguished by virtue of subsection (3), the second-mentioned person may apply to the court within 12 years of such extinguishment for an order determining the amount of compensation if any that should be paid to the second-mentioned person, and such order may make provision for charging the payment on the land subject to such conditions as the court sees fit.".

University College Cork academic Mr. John Mee has pointed out that section 13(3) may be unconstitutional as it provides for the abolition of property rights without compensation. Our amendment is designed to save the section from being struck down as unconstitutional by allowing a court to determine if compensation should be paid.