Written answers

Thursday, 2 February 2017

Department of Justice and Equality

Ground Rents Abolition

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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45. To ask the Minister for Justice and Equality if she will give consideration to the implementation of measures to deal with issues that have arisen in an area (details supplied); and if she will make a statement on the matter. [5002/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As regards the abolition of ground rents, the position is that this matter was examined in detail by the All-Party Oireachtas Committee on the Constitution in their Report entitled 'Private Property'. The Committee took the view that a ground landlord's ground rent is a form of property right which is constitutionally protected and that abolition of such rents would be unconstitutional in the absence of adequate monetary compensation. The Committee also noted that where leases were approaching expiry, any legislation providing for the abolition of ground rents would have to provide for the payment of enhanced compensation by the ground tenant.

In light of the foregoing, I have no immediate plans to implement further measures in this area but operation of the existing statutory framework is, however, kept under review by my Department. Moreover, as the Deputy will appreciate, it would not be appropriate for me to comment on any individual case.


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