Seanad debates

Thursday, 12 December 2019

Landlord and Tenant (Ground Rents) (Amendment) Bill 2019: [Seanad Bill amended by the Dáil] Report and Final Stages

 

10:30 am

Photo of Robbie GallagherRobbie Gallagher (Fianna Fail) | Oireachtas source

We have this Monaghan day in the House and will enjoy the moment. Today brings to a conclusion the Landlord and Tenant (Ground Rents) (Amendment) Bill, which I first introduced to the House in November 2017. The Bill is an amendment to existing legislation that enables a tenant, under certain prescribed conditions, to have the opportunity to buy out the freehold of his or her premises. It is an honour for me personally to bring this legislation back to the House for completion on behalf of the business people on the west side of Main Street, Carrickmacross, and indeed for other business throughout Ireland that hold qualifying leases. They will now, thankfully, have the right to buy out the freehold of their premises and end hundreds of years of being tied to landlords. In the case of Carrickmacross, it dates to the time of Elizabeth I.

This Bill is an example of how politics on all sides can work together for the benefit of all our citizens. The story of this Bill began with a documentary, entitled "What's next for Carrickmacross", produced and edited by Pat Byrne of Carriage Productions. I am delighted that Pat is here today. It was presented by Michael Fisher who I understand is also in the Gallery this afternoon. They are both welcome. The documentary drew sharp focus to the problems facing tenants with qualifying leases in Carrickmacross and throughout Ireland as a result of a Supreme Court decision in 2012 in the case of the O'Gorman family. I am delighted to see Gus and Cathal here from Carrickmacross, and JDS Holdings, known locally as the Shirley estate. It was an excellent documentary, on which I compliment Pat. 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.

The first step on the journey that has taken us here today was a meeting that was set up with our justice spokesperson, Deputy O'Callaghan, and former Ceann Comhairle, Dr. Rory O'Hanlon, whom I am delighted to see here today. Pat Byrne introduced a gentleman called Professor John Wylie, a leading academic on all matters relating to land law who featured in Pat's documentary, to Tony Donagher, a local Carrickmacross-based solicitor who I am delighted to see here this afternoon. Together, Professor Wylie and Tony Donagher drafted the legislation in the summer of 2017. I introduced the Bill to this House in November 2017 and was delighted that it received support from all sides of the House. The Minister for Justice and Equality, Deputy Flanagan, said on Final Stage in the Seanad that he would set up a special working group to strengthen the first draft. He did so, and I was delighted that Professor Wylie was a member of that working group. I thank the officials in the Minister's office for their work. I am sure they began to think I was hounding them in this process but I was conscious of the timeframe of the lifetime of this Government and was anxious for this legislation to be carried through both Houses before this Government calls it a day.

On 6 November 2019, in the Select Committee on Justice and Equality, chaired by Deputy Ó Caoláin, our local Deputy, the Government introduced some working amendments to the Bill. On 4 December 2019, the Government presented the Bill to the Dáil for Report and Final Stages, which, thankfully, passed successfully. I thank all my fellow Oireachtas Members from all parties for their support for the Bill. I also take the opportunity to acknowledge the support of local councillors from the Carrickmacross-Castleblayney municipal district, namely, P.J. O'Hanlon who is here this afternoon, former councillor Pádraig McNally, now retired, Noel Keelan, Colm Carthy and Aidan Campbell, for their support. It was very much appreciated. There have been many other people, some of whom I am delighted to see here today, who have helped to get this Bill to where it is. I thank them too for their efforts.Tenants who wish to buy out the freehold on the premises they occupy will now be able to do so with the passing of this Bill, giving them business certainty and the ability to reinvest in and expand their business without the stress of not knowing what tomorrow might bring. The passing of the Bill will confirm the original intention of the Houses of the Oireachtas, which was to confer rights on tenants who have long occupied their premises and who have over the years developed such premises at their own expense.

When the Bill was introduced, it was remarked that tis is an example of what is called new politics at work. I see it as good politics and a great example of what can be achieved with cross-party support on an important issue such as this which impacts not just the good people of Carrickmacross but indeed the entire country. Again, I express my sincere thanks to everyone who supported the legislation and worked together in a collaborative way to address this long-running issue. I am delighted we have now crossed the final fence. Go raibh míle maith agaibh go léir.

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