asked the Minister for Justice whether his attention has been called to a decision of the Supreme Court in the case of Finn v. Barry, and whether he intends to introduce proposals for the amendment of the Landlord and Tenant Act, 1931, to remedy the oversight in the Act disclosed by that decision, and to obviate the hardships to tenants arising from that decision.
Ceisteanna—Questions. Oral Answers. - Amendment of Tenancy Law.
The decision of the Supreme Court referred to in the Deputy's question was given in 1939. No representations as regards the position brought about thereby were made to my Department until last April. I understand also that no representations on the point were made to the Town Tenants' Tribunal although that body was sitting for more than 12 months after the Supreme Court gave its decision. The matter has been noted for consideration in connection with any legislation that may be promoted for the purpose of amending the Landlord and Tenant Act, 1931.
Could the Minister say when people who are affected by the Supreme Court decision may hope that any legislation will be introduced?
Mr. Boland
It will be some time. There is at present in preparation a Bill dealing with rent restriction, but nothing is being done at present about the Landlord and Tenant Act. The most I could hold out any hope for would be that something dealing with this particular point might be introduced, but I am not quite sure yet. I am afraid we cannot deal with those cases which have been disposed of as the parties who won their cases and got a court decision are entitled to that decision.
Can the Minister say if there is any hope of his intended legislation dealing retrospectively with cases that have not already been decided?
Mr. Boland
I cannot say definitely yet. I shall have to consider the whole matter.