asked the Minister for Local Government whether he is aware that a tenant of a labourer's cottage is precluded from leasing or leaving his cottage to a relative or other eligible person; and, if so, if he will introduce proposals for legislation to amend section 17 (d) (iii) of the Labourers Act, 1936, to allow the cottier to lease or leave the cottage to a relative or other person coming within the definition of a qualified person.
Ceisteanna—Questions. Oral Answers. - Tenancy of Labourers' Cottages.
The Labourers Act, 1936, provides that during the payment period of the purchase annuity the cottage shall not be alienated otherwise than by operation of law or by sale with the consent of the local authority. Alienation by subleasing has been held to be a breach of the statutory condition and as it would be undesirable to permit subleasing during the payment period I do not propose to introduce amending legislation in this respect.
Doubts have been expressed in a particular case as regards the power of alienation by devise, and I am prepared, if necessary, to consider legislative proposals to clarify the right of tenant-purchasers to devise their cottages.
Does the Minister mean by that that this legislation will enable tenant purchasers to do it without fresh legislation in this way?
As I understand it, it was thought that such a power existed already but as a result of some court proceedings and a court judgment doubts have now been raised. It is hoped that the law on the matter may be clarified some time soon.
Is the Minister aware that the Kerry County Council put through a cottage purchase scheme and submitted it to his Department? In view of that I suppose the decisionon this question will have an important bearing on the outcome of that purchase scheme.
I am not prepared to take any steps in regard to clarification on the lines the Deputy has in mind other than what I have stated, that to whatever extent doubts are justifiably held as to the power to devise I am prepared to clarify that.