asked the Minister for Justice whether he proposes to introduce amendments to the Landlord and Tenant Act, arising out of the judgment delivered in the courts on 14 November 1980 which deprives one particular category of tenant of the entitlement to purchase the ground rent because the relevant section of the Act is in effect inoperable; and when he intends to introduce the amending legislation.
Ceisteanna — Questions Oral Answers - Landlord and Tenant Act.
14.
The judgment of the Supreme Court that is mentioned in the question is being examined in my Department as a matter of urgency and in consultation with the Landlord and Tenant Commission. Pending the outcome of that examination I am not in a position to indicate if or when amending legislation will be promoted.
I think I should also mention that, while the Deputy's question — quite correctly — refers to the problem as affecting only a certain category of tenants, my information is that this category is quite limited and is confined to those tenants in whose cases the relevant lease either has expired or has less than 15 years to run and whose ground landlords do not consent to the buying out of the fee simple.
The Minister accepts that a certain category of tenants is unable to buy out ground rents. Does he now accept that the undertaking which he and his colleagues gave to introduce measures which would in effect lead to the abolition of ground rents is not just not seen to be happening but is in fact legally impossible? Does he not therefore accept that the undertaking he gave was extremely false, to put it mildly?
Putting it very bluntly, I do not. I do not want to play this game; we had it yesterday for 15 or 20 minutes. I do not accept what the Deputy says. I appeal to the Deputy and his Fine Gael colleagues to stop trying to sabotage a very fine scheme which I introduced to enable people to buy out their ground rents with no expense for legal costs. That is something Deputy O'Keeffe could tell the Deputy about.
Codology.
A bonanza for the profession. That is what the Deputy wants.
(Interruptions.)
Would Deputies please allow Deputy Keating to ask a supplementary question?
Does the Minister not accept that our tabling of the question drawing attention to the impossible situation in which some people are as regards their inability to buy out ground rents, might be testimony to our desire to cooperate with the Minister in ensuring that the undertakings he gave will be carried out? When will his examination of the impossibility of some people buying their grounds rents out be complete?
When the judgment of the Supreme Court which is already to hand has been examined by my Department and when we hear from the Landlord and Tenant Commission who have already been consulted on the matter I will then be in a position to indicate whether or not amending legislation is necessary. If it is necessary, I will introduce it, this House will pass it and we shall continue the very fine scheme which I introduced a short while ago.
Meantime those ground rents will not be abolished like many others.