asked the Minister for Justice the total number of prosecutions which have been initiated over the past year for non-payment of ground rents.
Ceisteanna—Questions. Oral Answers. - Ground Rent Prosecutions.
18.
Prosecutions cannot be brought for non-payment of ground rent or any other civil debt. I assume therefore that the Deputy is referring to civil actions, but the position is that the statistical records kept in court offices do not, as a practical matter, enable civil actions related specifically to ground rents to be distinguished from other actions. For one thing, a decision as to whether a particular rent should or should not be described as a ground rent would involve an assessment of the terms of the particular lease.
There can of course, in relation to any civil debt, be a question of a deliberate refusal to obey a court order for payment and, in case of such a refusal, a court may commit the person to prison for such refusal though only after examining the person as to his means and on being satisfied that he is able to pay the debt.
The Landlord and Tenant (Ground Rents) (No. 2) Act, 1977, which provides a special procedure to enable ground rent tenants of dwellinghouses to acquire the fee simple, also took away the landlord's right to obtain possession of a dwellinghouse, under the terms of the lease, for non-payment of ground rent. The Act came into operation on I August 1978.
Would the Minister agree that these ground rents are generally agreed to be an inheritance from an unpleasant past and that nobody should be allowed to be sent to jail for not paying ground rents?
That is argument.
Is the Minister aware that certain Members of this House are encouraging residents' associations and others not to pay their ground rent as a political protest and to disobey court orders? It is well known that Deputy Horgan has encouraged the residents of Churchtown not to pay ground rents.
Question No. 19.
On a point of order. Is it in order for a Deputy to make an unfounded, unsubstantiated allegation in this House against another Deputy?
It is not in order.
I totally refute that allegation.
(Interruptions.)
May I ask the Deputy to withdraw that allegation?
I understand the Deputy is talking about the Fianna Fáil manifesto which brought the Fianna Fail Party into this House with its promise to do away with ground rents.
It is well known throughout the county what is happening to the people of Churchtown.
The Deputy concerned has denied the allegation. Deputy Andrews might please withdraw it.
I withdraw the allegation, but it is well known nonetheless.
Could the Minister tell the House when he proposes to introduce a scheme for the abolition of ground rents?
That does not arise. Question No. 19.