James Reilly (Dublin North, Fine Gael)
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Question 74: To ask the Minister for Justice and Law Reform his views on the recommendations that the Government should put to legal test the advice that retrospective removal of upward only rent reviews would be struck down by the Supreme Court; and if he will make a statement on the matter. [36496/10]

Dermot Ahern (Louth, Fianna Fail)
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I would remind the Deputy that a provision which prohibits upward only rent review clauses in future business leases is contained in Section 132 of the Land and Conveyancing Law Reform Act 2009. That provision came into force on 28 February last.

The prohibition on upward only rent review clauses does not apply to business leases (or agreements for such leases) which were entered into prior to the commencement of the section. Advice was sought from the Office of the Attorney General as to whether or not the prohibiting provision could be applied retrospectively. It was indicated that wholesale interference with existing leases was not a feasible option. Real legal and constitutional difficulties would arise if property rights were to be affected retrospectively. My Department is not aware of any recommendations of the type suggested by the Deputy.