Robbie Gallagher (Fianna Fail) | Oireachtas source

I move: "That the Bill be now read a Second Time."

Ba mhaith liom fáilte a chur roimh an Aire Stáit agus fosta roimh mhuintir Charraig Mhachaire Rois atá anseo inniu. I welcome the Minister of State, Deputy John Paul Phelan, to the Chamber. I also welcome the delegation from Monaghan. I wish in particular to mention the three councillors from the Carrickmacross and Castleblaney areas, Pádraig, P.J. and Aidan, as well as the former Ceann Comhairle, Dr. Rory O'Hanlon. Deputy Niamh Smyth is also present. I welcome all those from Carrickmacross who are present.

This amendment to the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 is a very important amendment to existing legislation which enables a tenant under certain prescribed conditions the opportunity to buy out the freehold of their premises. I am delighted to be able to introduce this Bill which seeks to amend sections 9 and 10 of the Act. I know this will be very welcomed in my constituency because it directly affects a lot of businesses on the west side of Carrickmacross and indeed many other towns and cities throughout the country. The need for the amendment has arisen from a Supreme Court ruling in 2012. A recent documentary produced and edited by Pat Byrne of Carraige Productions and presented by Michael Fisher highlighted the issues which arose from very protracted litigation between the O'Gorman family of Carrickmacross and what is known locally as the Shirley Estate. The documentary covers the story of Gus O'Gorman, a local supermarket owner, to buy out his freehold, and the struggles he had which went through every level of the courts from the County Registrar all the way to the Supreme Court. Gus and his con Cathal are here with us today. I pay tribute to the O'Gorman family for their huge effort and commitment to the issue. Part of the reason we are here today is because of them.It highlighted the problem that any remaining tenant with a qualifying lease would have, on the face of it, in buying the freehold under the existing legislation. Tenants who had thought they could buy out the freehold in the premises they occupy would find they may not be able to do so in light of the interpretation of the Supreme Court in respect of two key elements, namely, what buildings were involved and what constituted a "predecessor in title". This amendment will seek to resolve these issues and enable a tenant to go forward and buy out the lease, giving such people business certainty to be able to reinvest and grow businesses. It will also confirm the original intention of both Houses of the Oireachtas, which was to confer rights on tenants who had long occupation of premises and had developed such premises at their own expense.

The interest created by the documentary referred to earlier has brought the landlord and tenant issue sharply into focus. I give special credit to Mr. Pat Byrne, who is responsible for that documentary. He put his heart and soul into what was a very impressive piece of work. In no small way did it contribute to us being here today. It highlighted the fact that a number of lawyers, both in the academic world and in practice, had serious reservations regarding the judgment of the Supreme Court. Arising from a meeting that was set up with Deputy Jim O’Callaghan by the former Ceann Comhairle, Dr. Rory O’Hanlon, Mr. Byrne introduced Professor John Wylie, the leading academic on all matters relating to land law and who featured in the documentary, to Mr. Tony Donagher, a Carrickmacross-based solicitor, who was also interviewed in the documentary. Together, over the summer, they have provided the draft Bill I am introducing today.

I thank my fellow Oireachtas Members from all parties, including the Minister, Deputy Heather Humphreys, and Deputy Caoimhghín Ó Caoláin for their support with this proposed amendment. I also thank the county councillors from the Carrickmacross and Castleblayney municipal district, some of whom are here today. I also mention Deputies Brendan Smith and Niamh Smyth. Many other people have helped to get this Bill to where it is today and I thank them sincerely for their work in this regard.

I hope this Bill passes through here successfully today in order that businesspeople in Carrickmacross on the west side of the street will finally get total control of their buildings and put their minds at rest in order that they can continue in the knowledge of business certainty in future.