Catherine Murphy (Kildare North, Independent)
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To ask the Minister for Public Expenditure and Reform if he will provide a full; itemised list of all premises being leased by Government Departments and State agencies where there is an upwards only clause contained in the lease; if he will state the annual rent being paid on each premises; if he will make known any correspondence he has received relating to such commitments form the Comptroller and Auditor General or if his attention has been drawn to any recommendations made by the CAG in relation to same; if he has taken any steps to instruct the removal of these clauses from new leases entered into by the State; and if he will make a statement on the matter. [45373/12]

Brian Hayes (Dublin South West, Fine Gael)
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The list of premises currently leased by the Commissioners of Public Works which contain an “upwards only” rent review covenant, and the annual rent payable in each case is set out below. The Commissioners do not currently hold data relating to leases held by other State Bodies or Departments.

The Commissioners of Public Works have not received any correspondence or recommendations from the Comptroller and Auditor General in the matter of “upward only” rent reviews.

The Land and Conveyancing Law Reform Act 2009, Section 132, banned the inclusion of “upward only” rent review clauses in all new leases, it is not applicable retrospectively to Leases entered into before the Act came into force.

The Commissioners of Public Works are contractually bound by leasehold covenants in the same manner as all tenants, both public and commercial, under Landlord and Tenant legislation.