Seanad debates

Thursday, 14 December 2017

Landlord and Tenant (Ground Rents) (Amendment) Bill 2017: Committee and Remaining Stages

 

10:30 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the contribution of Senators to this important legislation. I had not noticed my former colleague and friend, Dr. Rory O'Hanlon, in the Public Gallery until reference was made by a previous speaker but I will avail of this opportunity to welcome back Dr. O'Hanlon to Leinster House. I acknowledge his great contribution over many years. In particular, I recall his positive and constructive work on the British-Irish Interparliamentary Body. He was one of the founding fathers of what was the basis of a strong and active relationship between Parliament in Westminster and Parliament in Dublin. I believe those strong links are now needed perhaps more than ever. Dr. O'Hanlon was one of the few parliamentarians who blazed a trail on fostering good relations.When I first entered the House as a young Deputy for the constituency of Laois-Offaly, the advices I received from Dr. O'Hanlon from time to time were very well placed and always worth listening to.

I acknowledge the importance of this legislation. On behalf of the Government, I accept the message from the Seanad that there is all-party support for setting about enshrining in law the right of ground rent tenants to purchase their ground rents in properties, albeit in different circumstances throughout the country. There are no immediate or simple solutions in this complex area. I acknowledge the support of the Government for the approach I am taking. The Minister, Deputy Humphreys, has expressed a particularly keen interest in this matter since the spring of 2012, when the Supreme Court delivered a judgment in a complex and protracted set of legal proceedings arising from an application to acquire freehold title in Carrickmacross. While the tenant's application in this case was ultimately successful, it is important to stress that the manner in which the Supreme Court interpreted certain technical provisions of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 had the effect of narrowing the scope of the ground rent purchase scheme under that Act. As a result of the Supreme Court ruling, certain ground rent tenants who had been eligible to acquire the fee simple interest, or freehold title, in their properties may no longer be able to do so. This has given rise to uncertainty and concern. Any narrowing of the grounds on which a ground rent tenant is permitted to acquire freehold title will affect other ground rent tenants in Carrickmacross and elsewhere in the State.

I acknowledge the contributions of Senators to this debate. The property rights enshrined in the Constitution mean that a resolution of this issue will be neither straightforward nor simple. I acknowledge the support of Senators for my proposal to establish an expert group. I will be happy to keep the proposers of the Bill fully informed on the work of the expert group. I hope to be in a position to return to the Oireachtas in the spring with a framework arrangement that will allow us to proceed further. I would like to express my appreciation to the proposers of the Bill. I have received all-party support from Senator O'Reilly and Senators from other parties. I will report back to the Minister, Deputy Humphreys, as soon as we complete the Final Stage of the Bill here this afternoon.

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