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Written Answers - Proposed Legislation

Tuesday, 7 February 2012

Dáil Éireann Debate
Vol. 754 No. 3

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 372.  Deputy Micheál Martin Information on Micheál Martin Zoom on Micheál Martin  asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter  when the legal advice about not being able to change the upward only rents became available to Government; if the commitment in the programme for Government is defunct; and if he will make a statement on the matter. [1945/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The Deputy will recall that in response to his request for clarification on the matter I wrote to him on 8 December last confirming that the Government had decided not to proceed with legislation to abolish upwards only rent reviews in existing commercial leases. The letter in question was written after the announcement in the Budget to that effect. That decision was taken on foot of consultations with the Attorney General, which made it clear that the proposed legislation gave rise to significant constitutional difficulties. It was also clear that any legislative proposal would require the payment of compensation to those whose property rights would be infringed if that proposal were to be compatible with Constitutional and European Court of Human Rights norms.

Consultations with the Attorney General commenced in March of last year and continued until November, when the relevant Government decision was taken. That decision was informed fully by the legal advice made available to Government by the Attorney General.

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