Seanad debates

Wednesday, 29 November 2017

Landlord and Tenant (Ground Rents) (Amendment) Bill 2017: Second Stage

 

10:30 am

Photo of Paudie CoffeyPaudie Coffey (Fine Gael) | Oireachtas source

I welcome the Minister of State to the House. I also welcome the opportunity debate this Bill. I commend the Bill's sponsor, Senator Robbie Gallagher, on bringing it to the House because it is an example of how the Seanad can work together to identify problems and barriers felt by our citizens, bringing forth legislation that we can work on.As Senators are aware, legislation is not always perfect when first presented and I am sure the Bill before us is not perfect. I come from a locality, Portlaw, County Waterford, where people have experienced many difficulties with the transfer of lands and ownership issues arising from ground rents and the problems they present. With the greatest respect to the property rights of landlords and others, it is important in a modern society to have legal mechanisms that allow businesses, residents and citizens to transact business in an efficient manner without encountering expensive court challenges and problems such as those experienced by the O'Gorman family. I, too, acknowledge the members of the O'Gorman family and the delegation present in the Visitors Gallery who have, I expect, provided the motivation for this legislation. I also think of the many citizens around the country who have experienced similar problems. I support the Bill for this reason and my party is generally supportive of it.

I will leave it to the Minister of State to set out the detailed reasons we will not oppose the Bill as it stands. I am sure he will outline any amendments or clarifications that may be required to progress it to the next Stage. This is an example of how Senators from all sides can work together.

Senator Leyden referred to new politics. The newer Senators may be less adversarial that Senator Leyden and others with whom we have had many a row. It is good that we can work together to progress legislation in a positive manner. I recognise the work done by various people. I thank Senator Gallagher for acknowledging the work done by the Minister for Culture, Heritage and the Gaeltacht, Deputy Heather Humphreys. I also acknowledge the work done by my party colleague, Councillor Aidan Campbell, who is present in the Gallery. It is important that councillors provide feedback to the House on the problems experienced by their electors.

It is up to the Minister and Government of the day, in this case, the Minister of State, Deputy John Paul Phelan, to respond to the legislation. I hope the Government will introduce amendments that will strengthen the Bill and further the objectives of its proposers and sponsors.

While this is not the Minister of State's area of responsibility, all of us are aware of the problems caused by old title deeds when older properties are being transferred, purchased or transacted. In such circumstances, people submit applications to the land registry office. While the land registry system is extremely good for those who are in the system and having their file dealt with, there is a long waiting time to have files processed. This is an important issue, although it may fall within the remit of another Department. I ask the Minister of State to use his good offices in this respect, given that the Bill is before the Houses and there is a new focus on those seeking to transact business in a legal and proper way who encounter barriers because old legislation needs to be updated or as a result of outdated bureaucracy related to ground rents and title deeds. It is important that resources are invested in land registry offices to clean up title deeds and allow people to transact business.

I refer to the example of a community group in my local area which wishes to renovate a property. Although it qualifies for State grants, the old title deeds to the property have raised issues regarding leaseholds and ground rents which need to be clarified. This is a complex area with which, I suspect, solicitors must often wrangle. I mean no disrespect to solicitors who must do their job and I know the Acting Chairman, Senator Noone, is a solicitor. These types of issues cause untold frustration for people who are trying to progress property transactions. We need to modernise the processing system for property in the land registry.

I commend Senator Gallagher on his Bill, which the Fine Gael Party supports and will not oppose on Second Stage. The Minister of State will speak in detail on some clarifications and amendments the Government will introduce.

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