Paul Coghlan (Fine Gael)

I extend a warm welcome back to the Minister of State, Deputy O'Keeffe, and I am delighted he has been re-appointed. I know he will always assist. I have always respected him as an old Brendan's man, or "The Sem", as we called it.

I look forward to the Minister of State's response on this matter. I have always been of the view that restrictions imposed by a number of planning authorities are illegal and unconstitutional. I was disturbed to learn that the Department was contacted by the EU, however this may have properly happened. Does the Department approve of these restrictions? I note it has refused to publish its views, perhaps because of fear of legal action, and this may be understandable, but I await the Minister of State's explanation.

I refer to restrictions on ownership as a condition of planning, which in my view never had anything to do with planning and were always misplaced. I may have recommended to some of the Minister of State's predecessors in the past ten years that a directive should have been issued from the Department to planning authorities to desist actively from including such provisions in planning conditions. I look forward to hearing the Minister of State's observations on the issue.

Private property rights are protected by the Constitution. The European Convention on Human Rights recognises rights to private property. Local authorities have been breaching those rights in a blatant manner. One county council has inserted a planning condition that a person must reside in the residence for up to ten years before he or she is permitted to sell on the property. Planning permissions only obtain for a period of five years. This matter has lost any sense of proportion and does not serve any legitimate reason or right. It is out of order and these are very unfair impositions.