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Dáil Éireann debate -
Thursday, 27 Mar 1969

Vol. 239 No. 8

Ceisteanna—Questions. Oral Answers. - Sandycove (Dublin) Ground Rents.


asked the Minister for Justice if he will give the reasons for his statement contained in his letter of 28th February, 1969 to the Treasurer, Sandycove (Proby Estate) Ground Rent Tenants Association, to the effect that the association's proposals for amendment of the law affecting association members could be challenged on constitutional grounds; and if he proposes to take any further action in this matter.

I have, on a number of occasions, carefully, and indeed sympathetically, considered the matter referred to by the Deputy. What is involved is a proposal to set aside by legislation contracts that were lawfully entered into and completed between private parties. These contracts arose out of or in connection with court proceedings and I have no reason to think that they are other than legally binding.

In my considered opinion—as I stated in this House on 7th November, 1968 (Dáil Debates, Volume 236, No. 14, columns 2342 and 2343)—legislation to set aside such contracts could raise Constitutional difficulties.

I do not propose in the legislation now being prepared to depart from the Landlord and Tenant Commission's recommendation concerning the contracts in question.