asked the Minister for Lands if his attention has been drawn to a recent newspaper report of a decision of the European Court of Justice, the effect of which appears to be that the provisions of section 45 of the Land Act, 1965 are inconsistent with the Treaty of Rome; if he intends to amend or repeal the section; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Land Act Provisions.
10.
(Cavan): I have seen the report referred to. I am, of course, aware of the details of the judgment of the Court of Justice in the case of Reyners versus the Belgian State. The matter is dealt with at some length in Chapter 6 of the fourth report of developments in the European Communities—furnished last December and discussed in this House in February, March and April of this year.
The essence of the judgment appears to be that the right of establishment in the Community as between nationals of member states is not to be discriminated against on the basis of nationality.
As Deputies know, the purchase of rural land in Ireland is controlled by section 45 of the Land Act, 1965. This requires that all non-nationals who have lived here for less than seven years must obtain the consent of the Land Commission to acquire rural land—other than land required for industrial purposes or areas not exceeding five acres for private residential purposes. The extent to which the provisions of section 45 are affected by this European court decision is being closely examined in my Department. There are a number of facets of the judgment which require careful study and assessment before it will be possible to say what further action may be necessary.
I am sure the Minister would agree that it would be very serious if this judgment affected section 45 and could make it irrelevant?
(Cavan): I agree that if it were found that section 45 were repugnant—so to speak—to this judgment it might have serious consequences.