Seanad debates

Wednesday, 29 November 2017

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

 

10:30 am

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim céad fáilte roimh an Aire Stáit agus cuirim fáilte áirithe roimh na haíonna speisialta atá againn sa Ghailearaí inniu. Tá cuid acu ag troid leis na mblianta fada ar an mBille seo. Déanaim comhghairdeachas leis an Seanadóir Robbie Gallagher maidir leis an mBille seo a thabhairt chun cinn. Tá sé an-tábhachtach agus beidh muide ag tabhairt tacaíocht iomlán dó. I apologise in advance for leaving the Chamber when my contribution concludes. I have to attend a committee meeting elsewhere in the Houses. Ba mhaith liom a rá go bhfuil fadhbanna tithíochta chomh dona sin anois gur cheart Fianna Fáil a bheith ag tacú leis an reachtaíocht eile a bhí ann againne chun cíosanna a laghdú agus chun cinnteacht a thabhairt do thionóntaí. Cén fáth nár thacaigh siad, mar shampla, leis an mBille um Chinnteacht Cíosa? Cuireann muid fáilte roimh an mBille seo sa Seanad inniu, áfach.

I pay tribute again to the work of the Shirley Tenants Action Group in Carrickmacross which has been active on this issue. The initial case taken by Mr. Gus O'Gorman many years ago highlighted the need for new legislation to amend the 1978 Act. Such legislation has been promised in Fianna Fáil Party manifestos since that time. My colleague, Teachta Caoimhghín Ó Caoláin, has consistently asked, almost since entering the Dáil in 1997, when a Bill would be published. It is hard to believe the economic development of part of Carrickmacross is being held up by an absentee landlord who is currently basking in the Isle of Man.

Last year, it was revealed that the State was paying ground rent to landlords such as the Earl of Pembroke for buildings on Merrion Square and the Duke of Leinster who owns land where the National Library of Ireland is located. These ground rents, which are a legacy of our colonial past, are also known as leaseholds. The State's ground rent bill for Iveagh House, in which the Minister for Foreign Affairs and Trade presides, is paid to an absentee landlord. The same applies to Dublin Castle. In these years of the centenary we are perpetuating a system that is a hangover of colonialism. The money involved is relatively small. The ground rent for Iveagh House is a mere €257, while the ground rent for the Four Courts is a mere €200 and the bill for Dublin Castle is only €7. However, there are 250,000 ground rents in the State which have an impact on individual home owners who wish to sell their homes but must require the freehold to do so.

This is not simply a question of being hostile to English landlords. The majority of ground leases are on private households, which means they are paid by people who own their home but do not always own the land on which it is built. The formula for the new ground rent per annum is computed on the basis of the open value rental value of the house. Many of those who find themselves in this invidious position are elderly and have no income other than their pension.

Many Irish developers built houses before 1978. Sisk, for example, continues to collect ground rents from a large number of households in Dublin. Many of the properties in question have leases of 999 years and many of those who wish to buy out the ground rent complain of high fees such as search and lawyer fees which can put them off engaging in the process in the first instance. No one knows the true position because many householders who owe ground rents are older people who are afraid to speak publicly and do not wish to refuse to pay. Many fear that when the lease ends they will not be able to afford to buy out the lease or pay the substantial increase in ground rent which may be demanded.

I hope the Bill succeeds in highlighting the vulnerable nature of tenancy in general. Ground rent landlords demand money for nothing. They are parasites gorging themselves on the sweat and tears of ordinary working people. They have no place in a just society and it is to our shame that we have allowed this system to persist for so long.

Another illustration of the peculiar attitude of successive Governments to landlordism is the reluctance to tackle landlords in the private rented sector. The demands of tenants in the private rented sector in recent years, namely, a fair rent and security of tenure, do not differ significantly from the demands made by peasant farmers in the 19th century. It is not, as we often told, a question of balancing the rights of tenants and landlords as the home of the former is merely the business interest of the latter. I note that even on the Order of Business this morning the issue of evictions was raised by Senator Murnane O'Connor. An eviction of a person today is no different from the reality depicted in the iconic photographs of evictions taken during the late 1880s, except today we do not see the faces of the evicted and their voices are not recorded. The Government certainly does not hear them.

Davitt was guided by the motto, "Let justice be done though the heavens fall". I doubt he would be impressed by the propensity of successive Governments to prostrate themselves in the interests of unfettered landlordism. It is time to take up Davitt's fight again and ensure justice is done. Sinn Féin supports this legislation. Perhaps in the days ahead we will also discuss the claims made by landlords who are not resident in the State to our rivers, lakes, mineral supplies and other natural resources.

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