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Seanad Éireann debate -
Wednesday, 23 Feb 1983

Vol. 100 No. 1

Joint Committee on Building Land: Motion.

I move:

1. That Seanad Éireann concurs with Dáil Éireann in its Resolution communicated to Seanad Éireann on 2nd February, 1983, that it is expedient that a Joint Committee of both Houses of the Oireachtas (which shall be called the Joint Committee on Building Land) consisting of 13 members of Dáil Éireann and 7 members of Seanad Éireann be appointed—

(a) to consider and make recommendations regarding possible legislative and other measures to deal, in the interests of the common good, with the supply and cost of building land (including land within and adjacent to urban areas), having regard, in particular, to:

(i) the Constitution and judgments of the Superior Courts in regard to the relevant articles thereof;

(ii) the Report of the Committee on the Price of Building Land (Prl. 3632);

(iii) tax legislation in relation to profits or gains from dealings in, disposals of, or development of, land;

(iv) the operation of the Local Government (Planning and Development) Acts, 1963 to 1982;

(v) the Local Government (Building Land) Bill, 1982; and

(b) to report on the merits and demerits of any measures considered, with particular reference to:

(i) their constitutionality;

(ii) legal and administrative practicality;

(iii) financial and economic implications;

(iv) likely effects on the cost of housing and on other forms of development.

2. That the Joint Committee shall have power to send for persons, papers and records.

3. That the Joint Committee, previous to the commencement of business, shall elect one of its members to be Chairman, who shall have only one vote.

4. That all questions in the Joint Committee shall be determined by a majority of votes of the members present and voting and in the event of there being an equality of votes the question shall be decided in the negative.

5. That every report which the Joint Committee proposes to make shall, on adoption by the Joint Committee be laid before both Houses of the Oireachtas forthwith whereupon the Joint Committee shall be empowered to print and publish such report together with such related documents as it thinks fit.

6. That 7 members of the Joint Committee shall form a quorum of whom, at least 3 shall be members of Dáil Éireann and at least 2 shall be members of Seanad Éireann.

7. That the Joint Committee report before 31st December, 1983.

A Chathaoirligh and Members of the Seanad, I would like first of all before I speak on this motion to congratulate all of you on your election and your appointment and to say on my behalf personally as a former Member of the Seanad, albeit a fairly reluctant one, that it would be my intention to ensure that the full potential of this Chamber would be completely utilised in both the initiation of legislation and in the development of the country's consciousness and awareness of the issues that confront our society today. Indeed, this is such an important issue that I wish to speak on the motion.

This motion seeks the agreement in principle of Seanad Éireann to the establishment of a Joint Committee of both Houses of the Oireachtas to consider and make recommendations regarding possible legislative and other measures to deal, in the interests of the common good, with the supply and cost of building land. A resolution to this effect was passed by Dáil Éireann on 2 February 1983.

The committee now proposed would, in effect, take over the task of the Joint Committee on Building Land which was established in July 1982, and which lapsed on the dissolution of Dáil Éireann on 4 November 1982. The terms of reference of the proposed Joint Committee are, in effect, a re-statement of the terms of reference of the original committee and the new committee would comprise a total of 20 members, 13 of whom would be drawn from Dáil Éireann and seven from Seanad Éireann, as previously applied. The motion would require the committee to report before 31 December 1983, instead of 30 September 1983, the additional time being allowed to compensate to some extent for the interruption in the work arising from the dissolution of Dáil Éireann and Seanad Éireann.

The re-establishment of the Joint Committee on Building Land is only the first step in the fulfillment of the policies of the Government in relation to building land, as set out in the Programme for Government. The Government acknowledge that the imposition on the community, and especially on new houseowners, of costs arising from the windfall profits of owners of development land is a source of inequity which causes deep resentment and the Programme for Government includes a commitment to the re-establishment of the Joint Committee and the preparation of appropriate legislation.

I want to make it clear that the re-establishment of the committee should not be seen as a strategem to postpone effective action on the question of building land. Instead, the decision to have the whole problem remitted to a Joint Committee, working to a given timetable, is a reflection of the importance attached by the Government to the desirability of having an agreed approach to the matter so as to avoid as far as possible the disruptive effects of a situation whereby measures implemented by one administration are dismantled by the next, as has happened elsewhere, particularly the United Kingdom. The Programme for Government contains a commitment to the enactment of legislation by mid-1984 on the question of building land and for this reason the motion specifies that the proposed Joint Committee should report before 31 December 1983. I will be seeking the co-operation of relevant Government Departments and State agencies in ensuring that the committee will meet this target.

May I interrupt business on this for a moment? Senator Ryan gave me private notice of motion this morning, as required by Standing Order No. 29.

I wish to raise on the Adjournment a specific and important matter of public interest requiring urgent consideration, that is, the failure of the Social Services section of the Western Health Board to comply with a directive of the Employment Equality Agency with regard to a proposal to employ all male staff in a hostel for homeless men and the compliance with the Department of Health with that situation.

I have decided that the motion is one covered by the Standing Order and I ask the Senators who support the request to rise in their places.

More than five Members rose.

The debate on the motion will take place at 7 p.m. or at the conclusion of the business ordered, whichever is the earlier.

I would like to begin by welcoming the Minister of State to the Seanad. He is somebody who is very familiar with this House. In his time as Senator he was the most active Member and I have great personal pleasure in welcoming him in his present capacity.

Turning to the motion, I have to say that I have certain reservations about a motion even to re-establish a Joint Committee on Building Land at this stage. I think that what is required in order to make progress is commitment. I know that the Minister of State and the Minister for the Environment, the Tánaiste, have that commitment. It is the firmest part of Labour policy in this area and has been for a number of years. What we need is leadership and commitment in order to achieve social reform, particularly in this important area of control of the price of building land.

The Kenny Report which is referred to in this motion was submitted to the then Government in March 1973, practically ten years ago. Also referred to in this motion is the Bill which was promoted by the Labour Party and indeed was very substantially the work of the Minister of State here today, Deputy Quinn, which was introduced in May of last year as a legislative proposal for the control of the price of building land. I am glad that the Minister when introducing this motion today adverted to the fact that it should not be seen as a "stratagem to postpone effective action on the question of building land". So often in our experience a committee is appointed to have the effect of postponing action and, therefore, it is absolutely vital that we do not have any delay in the commitment in the joint programme to legislation being enacted by mid-1984. That is the very latest date we could envisage. I see some merit in seeking to get a measure of agreement on the principle of controlling the price of building land but if that measure of agreement is not forthcoming in the early stages of the Joint Committee it is not worth waiting for it. It is not worth waiting for a level of political agreement that is not there. This Government must legislate for this very important aspect of housing policy, of control of land prices generally and control of speculative profit. They must not fudge their own commitment in an attempt to bring other political persuasions along. This is absolutely vital. If after the Joint Committee has been reestablished under this motion it is clear at a fairly early stage that agreement cannot be reached, then I would hope that the stage would be reached where the committee would so report, put the ball back in the Minister's court again, let the legislative heads of a Bill be drafted and let the Bill come before both Houses for this purpose.

I turn now to the wording of the motion itself. I welcome the fact that there is a final date for the Joint Committee to report, before 31 December 1983, but I note that there is provision in the motion for the Joint Committee to submit a number of reports.

Paragraph 5 of the motion states:

That every report which the Joint Committee proposes to make shall, on adoption by the Joint Committee, be laid before both Houses of the Oireachtas forthwith whereupon the Joint Committee shall be empowered to print and publish such report together with such related documents as it thinks fit.

I would like clarification from the Minister that the report mentioned in paragraph 7 is the final report of this committee because the wording of the motion is open to the interpretation that the Joint Committee will have complied with the terms of the motion if they submit even an interim report by the end of December this year, or a report on some aspect, perhaps the constitutional aspect or the legal aspect. It is vital that we know that this Joint Committee are given a mandate to do a job of work between now and 31 December 1983. If they have not done that job of work, I would like an express commitment from the Minister that he will take back the area of responsibility and proceed to bring a Bill before the Oireachtas at the earliest possible moment.

I welcome the Minister to the House and wish him every success in his new portfolio. These are very wide-ranging terms of reference for the Joint Committee and this is something which must be welcomed by all. Unnecessary criticism has been made about developers, about people involved in planning, in the building trade and in the sale of land both inside and outside urban areas. I also welcome the apportionment of members as well, 13 from the Dáil and seven from Seanad Éireann.

I agree with Senator Robinson when she said that we would need a conclusion of this report by the end of 1983 because there have been many publicised inaccuracies in connection with the whole structure in the building trade and in the speculative buying of land. However, one must remember that many of the housing problems of the city of Dublin — and indeed in other cities throughout this land — that would have been the responsibility of the Department of the Environment and housing authorities throughout the country have been resolved by speculators and others in the field of construction. We must not lose sight of the fact that they did a very practical job in the provision of housing, regardless of the prices that had been charged in a then very inflationary market. I would not in any way be selective in condemnation of them: I would rather await the findings of the Joint Committee on Building Land. While I did not have much time to examine this in depth, I see that the planning laws will be examined as well. While we have had amendments to the Planning Acts, there is much more to be desired in connection with the planning laws and I am delighted that that is a part of the terms of reference of the Joint Committee.

The Committee have wide-ranging terms of reference and no doubt they will submit an effective and comprehensive report on an issue that has gained much unreal publicity down the years. The city of Dublin has been very much to the forefront in that field and one would believe, listening to the media from time to time, that public representatives throughout the country have been involved in land speculation whereas their main duty is the provision of houses. I welcome the report and I will have an opportunity to speak further on it.

I should like to join the previous Senators in welcoming the Minister of State to this House. It is very appropriate that the first thing this Minister should propose to this House is this motion because we all know that the area of building land and planning is one in which this Minister has a very personal interest and I hope to see in his period of office the results of the commitment which I know he feels in this particular area. I join with Senator Robinson in saying that probably the most important part of the motion is to say that the Joint Committee should report before 31 December 1983.

I know there are many important things to be considered but we must remember we had the Kenny Report ten years ago. I remember reading it very carefully at the time because I had to make a report on it for another body. I feel that a great number of issues that are to be dealt with by this committee are already quite fully dealt with in the Kenny Report and do not really need to be pushed any further. Perhaps, however — and I hope this may be the true explanation — the reason why this committee hope they can finish their work by the end of this year is that so much of the work has been done already.

I part company with the previous speaker on the idea of the unreal publicity about the problems which have arisen, particularly in the Dublin city and county areas because of this building land problem and because of development. Travelling as I do in these areas quite a lot I would join with those who wrote the epitaph for Sir Christopher Wren in St. Paul's Cathedral in this regard and say: Si monumentum requiris circumspice. If you want a monument look around and see what has happened to Dublin city and county because of speculation in building land and, what is more, speculation in the buying and selling of planning permissions. At least that is what it turns out to be.

While I certainly agree that the committee would have to take into consideration the operation of the planning laws, I would not like to see them charged with an entire revision of the Planning Acts because that is an enormous task and if they have to do that I do not see any possibility of their getting on quickly with their own specific task. I would suggest that as far as the Planning Acts are concerned this committee should only deal with them in so far as they affect building land. The task of looking at the Planning Acts in their entirety should be dealt with in another way. Certainly the most important aspect is that this is a very urgent problem as any of us can see by looking around us. The main thing is that we should move from consideration to action as quickly as possible.

I should like to make a limited declaration of interest in this regard in that I have some small interest in a company which would have some interest in the result of these deliberations. I should hasten to add to the House, however, that my interest is of the nature that I have paid the enhanced value for land rather than I am in a position to take advantage of the enhanced value. Obviously there is some interest because those people who have already paid enhanced value for land would have an interest in the transitional arrangements and it is well that I would put on record my interest, even though it be small in that regard.

I concur that there is a problem in this area and there is an element of truth in what Senator O'Toole and Senator McGuinness have said. It really depends on the portion of the country from which one comes and where one's experience lies. There are very many areas of the country in which this has little or no relevance and there are other areas in the country attached to and contiguous to the main population centres where it has been a major problem over the past few years and will continue to be a major problem. There is a sense in which it shows the division of the country, even though it may not be a welcome division, between problems that arise as a result of increased organisation and quite different and unrelated but very real problems which continue to exist in other areas which do not have urban problems. I would ask those who come from rural areas to understand that because the problem does not exist in their own area that does not mean the problem does not exist at all. Similarly, I would like people who live in urban areas to recognise that it is not the burning problem as far as people who live in remote areas are concerned. A recognition of the different interests of different sections of the country, differences which cut right across party political boundaries, is important if we are to solve the problem. I agree the problem needs to be tackled and needs to be solved.

Contrary to the impression I got from Senator Robinson, I think it is important that we get the widest possible political agreement on this point. We can rest assured that there will be a change of Government in this country some time, and unless legislation which is introduced in an area like this has the broad support of the people, then pressure will come on to change that legislation and indeed it will be used as a rallying point for those who disagree with the policy of the two parties who make up the present Government. I believe there is every chance of getting wide political agreement in the country on this point; that is why I support the establishment of this Joint Committee and why I think it is well worth our while to wait until 31 December 1983 to hear their conclusions in this regard.

There is another reason why it is important to get wide political agreement on this. Without going into the details of the matters which have to be considered by the committee, it is implicit in the motion which is before the House that the possibility of a conflict between where we all wish to go and the present Constitution is possible. In those circumstances political agreement across the political spectrum of the political parties is almost a prerequisite for action if that should be the case on examination. I am not prejudging whether it is or not, but if to take effective action we need in some way to amend the Constitution that can be done only with broad political consensus. That is another reason why I believe political consensus in this regard is worth working for and striving for and I think this committee is the right way to do it.

The problems are identified as being the constitutional ones to which reference has already been made. It is fair to say that these constitutional problems, in so far as I have examined them in a tentative way have expanded considerably since the Kenny Report. In this regard I look forward to the contribution from one of the new Senators in this House who I understand was one of the contributors to the Kenny Report. There must be a recognition of the development that has taken place in the constitutional law since that time as well as the changes that have taken place in the general development area, the actual buying and selling of planning permissions or rezoning of land. It is not just a question of lifting the Kenny Report and putting it before this House and the Dáil. It is much more important and difficult than that. We have to take the Kenny Report as a starting-off point on which we hope we are all agreed and then work from that as to how it can fit within the constitutional framework which has evolved and continues to evolve since that date.

It is also suggested that the Joint Committee should consider the taxation implications. That is very important because that is one of the possible ways of dealing with the problem, as well as a problem that arises if you decide to deal with it by some other method. The operation of the Planning Acts and the draft Bill which is called the Local Government Building Land Bill, 1982 also have to be considered.

In considering them, I support the idea that we should establish such a committee that should examine the constitutionality of any proposals which they may wish to make: they should examine their legal and administrative practicability, the financial and economic implications not only in respect of the financial and economic implications of those who are directly involved or who might be involved in the future but also the financial and economic implications for the State which I think are quite considerable in this regard. We do not want to have a situation where the State has to raise substantial money to buy land before it really needs it. Another thing that must be borne in mind is to take into account the likely effects on housing and other forms of development. All these various things should be examined by the committee. Above all, the committee should seek to establish a consensus. I think that consensus is an important guarantee that the legislation which we enact will stand the test of time.

The problem I have with regard to the motion has nothing to do with the fact that the date is 31 December. If that is genuinely adhered to I do not think we can reasonably suggest that it is unreasonable to put a date like 31 December 1983 in it. What worries me is the commitment which will be necessary from the committee to report by that date. This is not a committee who will be able to meet once a month because if so, they will not get their work done. It is almost a full-time job for the members who will be appointed to that committee to prepare a worthwhile report and to lay it before the Houses of the Oireachtas by 31 December 1983. All of us should be conscious of the fact in nominating people to that committee that it is going to be almost a full-time job. We should recognise the reality of that situation. In an attempt to get a consensus, recognising that there is a limitation with regard to 31 December 1983 and further recognising the fact that it has constitutional problems and severe financial problems both for people personally and for the State, I think it is worthwhile establishing this committee. I agree with the terms of reference laid out and I intend to support the establishment of this committee when it is voted on by the House.

First, I should like to congratulate the Minister on his appointment, to welcome his presence here today with this motion and indeed to support the basic spirit behind the motion. I do not want to make a long contribution. We will have the opportunity to do that when the committee report or when there is any prospective legislation before the Houses. I do want to make one or two remarks. First of all, I was a member of the Kenny Committee, one of the six members who worked on that report for about 18 months.

The essential point I want to make is that that was not a political committee. There were six members on it. We split. Reasonable people can end up holding reasonable differences of opinion. With the best will in the world when you are dealing with a complex issue which touches on matters of fact, matters of law and matters of political taste or political priorities — if I can put it that way — it is unlikely in a democracy that all will end up of the same mind. While I would agree with the approach of Senator O'Leary that a committee should set out in the spirit of seeking consensus, I would not be too disheartened if they found that it was not possible to produce such a broadly based consensus. For that reason the essential point I want to emphasise is that made by Senator Robinson, namely that it should be the final report that we get on 31 December and not some sort of holding operation. Next week will be the tenth anniversary of the presentation of the Kenny report to the Government of the day. I would have thought that anybody who has the slightest interest in these matters has his or her political mind made up for him or her one way or the other, but these people are unlikely to shift their political views very substantially over a period of months. Therefore, we are dealing primarily with matters of fact and matters of law. The Kenny report recognised some of these difficulties.

In the legal area it suggested, if my memory does not fail me, that any Bill coming from the Oireachtas should be immediately referred to the Supreme Court to establish its constitutionality. I hope that that will still be the approach. In other words, let us not waste time in these Houses trying to interpret what judges in their wisdom will eventually be called upon in some shape or another to resolve. Let us put that matter beyond doubt at the earliest opportunity by referring a Bill to the Supreme Court for their verdict on its constitutionality. I hope that that will not be a cause for delay. The committee should concern themselves primarily with working very quickly through the existing material, updating it to take account of developments over the last ten years — because there have been a number that are relevant — and then either report their agreement if they can agree or establish why they disagree. In other words we do not want a report which tells us just that they failed to agree. Let them tell us the basis on which they cannot agree with one another, whether it is their political priorities, matters of fact that they are not able to resolve in time for disposal, or disagreements of some other form which we do not need to pursue at the moment.

Essentially my message to the Minister today is that we should get on with the establishment of this committee as quickly as possible, that we should help them to get on with their work as quickly as possible, and have the final report by the end of the year so that we can have the legislation by summer of next year. After all, it would be totally impracticable to expect to have legislation by the end of this session, in the summer of 1983. If it is going to the 1983-84 session a difference of a few months one way or the other will not significantly alter the issue. Provided we have the legislation by summer 1984 that is not an unreasonable timetable. The point I emphasise is that we want agreement if that is possible but if it is not highly likely we certainly want the clearest statement possible of the reasons why people advocate courses of action.

Finally I suggest that the committee do not waste too much time trying to solve the taxation treatment of these issues. They should primarily concern themselves with any legislative proposals, because the taxation area of itself is so complex that it would almost invariably be tailored over a number of budgets. You have only to look at the history of capital taxation in any country, not just Ireland, to see that it is virtually impossible to get a watertight set of proposals in year one. No matter how you set about it you almost invariably end up with adjustments for a number of years thereafter. The primary requirement is to resolve the basic approach to the legislative treatment of the property rights which reside in the ownership of land that can be relevant for development. While that, on the surface, touches only a small portion of the total land area and therefore, as Senator O'Leary pointed out, apparently touches only a small proportion of the population, at the end of the day it affects everybody. If you get the wrong answers, as taxpayers we all will end up having to foot the bill in one form or another. It is everyone's concern even though all may not be aware of it, but the primary requirement is to resolve the basic approach to the legislatirve treatment of the property rights in this area. If we do not do that we will have continuing uncertainty and a political football will be made of an issue which of its nature is not really a party political issue.

I support the initiation of the motion today which re-establishes this very important committee. I join with my colleagues in their congratulations to the Minister on his attendance in this House today as Minister of State after a short period in this House. I knew of his impatience to go to other fields, and he has achieved that, and indeed it is coincidental that he has achieved his high office in an area in which he has a commitment. It is appropriate to realise that the agreement by the previous Government to set up this committee was a result of a Private Members' Bill that the Minister initiated on behalf of the Labour Party in the Dáil and on a suggestion from the previous Government he agreed to the format of setting up this Joint Committee of both Houses of the Oireachtas. He did that hoping that there could be a consensus, as has been outlined by Senator O'Leary, on these matters dealing with the rights of private property.

I share Senator Robinson's concern that there might be areas of delay in this committee's work or the adoption of any report coming from them. When the Minister was chairman of this committee I had the honour to work with him representing my own party and I stated at the committee's inaugural meeting that on behalf of my party I was not prepared to accept that there would be undue delay in bringing forward a report, so that we could grasp this nettle of the area of private property, particularly in regard to housing people whom we in the Labour Party like to ensure are properly represented. We undoubtedly are likely to run into the area of constitutional problems halfway through the workings of this committee, because we discovered even in the Private Dwellings Act that in the area of private ownership constitutional problems are bound to arise. I hope that if we arrive at consensus in the area of constitutional problems at least we will ensure a very swift amendment to the Constitution in the event of that being necessary for the recommendations of this committee to be brought to fruition. Since the committee were set up events, particularly in the greater Dublin area, have proved the necessity for the fullest and most active consideration of this problem.

I do not want to be partisan when I congratulate the members of my own party in the Dublin area for having spearheaded through the various statutory authorities, corporations and county councils, the problems involved within an area which has a responsibility for the provision of houses in particular. I would like to think that the submissions that have been requested by the committee, when chaired by the Minister, from the various local authorities will now have arrived for this committee's perusal so that each county council, planning authority and housing authority will have itemised their problems and considered how to achieve the provision of land banks to ensure proper and orderly development. The provision of housing for people really in need of houses must not be held up because of the inability of planning authorities or development authorities to acquire land. Also some element of control must be introduced to prevent people who can afford to do so from manipulating the market by putting large land tracts together and obtaining planning permission on them that will upgrade the value of the land in such a way that any future development there will give immense profits to people who can go into that area of speculation.

The re-establishment of this committee will be a useful exercise. Having served on it I know the tremendous dedication of the members to achieving results quickly as the Minister has mentioned in his motion. I hope that in complying with their terms of reference the committee will report their findings to us without any undue delay and that a consensus will be reached on their decisions by the parties concerned and that legislation or any constitutional amendments that would be required will be quickly forthcoming. We agree with the terms of reference. In agreeing, as a Labour Party, to the setting up of these committees, we would like the opportunity to discuss the terms of reference on each occasion to ensure that they are broad enough to achieve the kind of action that Senator Robinson has referred to. We as a party are impatient in many areas of legislation such as this to ensure that the proper consensus is forthcoming in the Houses of the Oireachtas and that there would be a radical change in areas of legislation for the betterment of all the people. Where that is at stake we as a House should respond actively, and the setting up of this committee as part of the new Government's programme which has been agreed between the two parties is something that we in the Labour Party welcome. I look forward to the committee's findings at the end of the year.

I, like the other speakers, welcome the Minister to the House and welcome the reintroduction of this joint committee. There is no doubt that in many areas of the country there has been controversy over planning permissions and delays that have taken place in the allocation of land for housing. In many cases the problem arises from within the Department of the Environment just as much as it does from speculators. Many areas have not proper sewerage and sanitary facilities available and therefore the amount of land available for development that can be used for housing is extremely small and the cost of it therefore is driven up. When the committee sits the Department of the Environment will have to be investigated just as much as the Constitution and the tax implications in land. The Department of the Environment, as well as the Department of Finance for not providing funds for the infrastructural development, are as much to blame for the high cost of land in various areas.

I hope that the Senators who talked about buying and selling planning permissions were not referring to legislators in the Dáil, Seanad or the county councils throughout the country, but to the selling of land on which planning permission was in being. If the implication is that people in county councils, in the Seanad or the Dáil are being paid for getting planning permission, we should knock that straight away. That suggestion was made in recent days on a public platform and the lie should be nailed here just as it was nailed at that conference.

I do not disagree that we should have a speedy end to the deliberations of this committee, but by having a set date of 31 December 1983 we might run into problems. This committee should sit as often and as long as is necessary to complete their deliberations and we should have a report here when the deliberations are completed and not on a specific date. It would seem that if you set yourself a date to finish a job when you are coming towards that date you might tend to speed up the process, and not to the betterment of the subsequent legislation. The tax legislation part of the deliberations might be better omitted, because in this area the Government of the day through the Finance Act have the opportunity to change the source of revenue which they get, and the tax that can be got from profits on speculations can be taken into account each year as and when the budget comes out.

It seems that every time the Constitution is changed this change will be challenged and you do not know what sort of minefield you will run into. I think the Cathaoirleach will agree with me from the point of view of Senator Robinson that the more changes there are to the Constitution the better.

I am against at least one.

The legal profession are going to gain from any constitutional change that will be made. They seem to be the only people who benefit from many of these changes. I welcome the re-establishment of the committee. I am sure that under the Minister they will be a hard-working committee and we will have their considered judgment which I hope will not be speeded up too much towards the end, and that we will get a proper committee report at the end of the proceedings.

I would like to reply as briefly but comprehensively as I can to points made by various Senators. First of all I thank them all collectively for their kind wishes at my coming to the Seanad today and on my appointment.

Let me say that the terms of reference for this committee were drafted by the previous Minister for the Environment, Deputy Burke, with the agreement in part of both myself and Deputy Peter Barry who was spokesperson at the time for the Fine Gael Party. Therefore, the terms of reference have already a fair measure of agreement. We changed the deadline but not the length of time which Deputy Burke originally gave to the workings of that committee, extending it from September 1983 to December 1983 to take account of the recent political changes and elections.

The date in question, to reply to Senator Robinson, is the final date as far as we are concerned for the report of this committee. That was the understanding on the previous occasion and it is definitely my understanding on this occasion.

The role of this committee as far as I am concerned will be, as Senator O'Donoghue indicated in his contribution, the role of basically drafting the legislation for both Houses. It is in effect taking Committee Stage of legislation in advance of Second Stage. All of the political parties in this House are agreed in principle on the desirability of doing something based on the Kenny Report and on the commitment to deal with the problem of land speculation. In so far as the political parties have a common agreement, the common agreement is analagous to Second Stage where something should be done on the matter.

I welcome very much the committed contributions made by a number of Senators. I suggest that the members of this committee will take on, as Senator O'Leary said, a substantial volume of work. Any Member of the Seanad who becomes a member of this committee is committing himself to a substantial amount of work the volume of which will in the main be centred around drafting legislation that is administratively effective, without bureaucratic hindrance of any kind and clearly designed to have the broadest possible agreement within our society with the desired objective of eliminating the problems that have arisen because of the lack of control of the price of building land.

Senator O'Toole in his contribution made reference to the role of house builders and speculators in the building trade generally. I would support basically what I think he was trying to say, but which frequently, I regret to say, comes across differently from other people, not necessarily from Senator O'Toole. I have always made the distinction between the house builders — the building contractor and the building developer who leave something on the ground after they have finished, who add value to the community wealth of our society — and the land speculator who adds no value whatsoever, who simply creams off the value which he in the first instance did not do anything to create. It is to be regretted that, in the short-term phraseology that develops in our society, the legitimate building industry is frequently confused with the speculator. A speculator in this instance is someone who is not adding to the value but simply extracting the value that the community created in the first instance. To that extent I share the sentiment of what Senator O'Toole said.

Senator McGuinness was worried about the time frame within which this committee would work. I have dealt with that by saying that we are concerned primarily with legislation, and the committee are expected to complete their work by 31 December 1983.

Senator O'Donoghue, as Senator O'Leary said, was a member of the committee who produced the Kenny Report, and I looked forward to his contribution in this area. He, in particular, is aware of the changes that have taken place, particularly the legal changes regarding the interpretation by the Supreme Court of the constitutionality of certain legislation which at the time of the writing of the Kenny Report was deemed to be constitutional but subsequently was found not to be so.

Senator O'Leary talked about the desirability of achieving consensus. I support this view to the extent that, like Senator O'Donoghue, I think at the end of the day that there will be differences of opinion. As Senator O'Donoghue said, reasonable people at the end of the day will hold reasonable differences of opinion. It is essential that we maximise the agreement in so far as that is possible so as not to disrupt the land market unduly. Experience since 1947, particularly in the United Kingdom, was such that there have been about four to five separate legislative attempts to regulate this market. It became highly partisan to the extent that landowners and land developers deliberately held land during the holding of office of one administration in the hope that a change of Government would bring about a change in the market. That in the short term had a damaging effect upon the well being of people who depended upon the local authority or the housing developer directly to provide housing for them, because it froze land in certain areas.

We should be capable of learning from the experience of other countries, particularly our next-door neighbour, in this regard, and not fall into that trap. To that extent I understand and recognise the expertise and I compliment Senator O'Leary on his contribution and on his limited declaration of interest, which is a very healthy precedent to establish in both Houses in this regard. However, I would not like to see consensus confused with a postponement of any kind of enactment of legislation until such time as we get total unanimous agreement. I do not expect that to be achieved, but I expect that this House and the other House can achieve a working consensus that will result in legislation that not only has the support of the majority of the people but also is seen to be a workable legal instrument, which is also a factor that must be taken into account.

Senator Ferris in his contribution referred to the historical origins of this committee, and he was right in saying that to a certain extent the Labour Party was the godfather of it in so far as the proposal following the second tabling of this as a Private Members' Bill — it was first tabled in 1980 — from the Deputy Leader of the Fine Gael Party, Deputy Peter Barry, that a committee be established was accepted in principle by me on behalf of the Labour Party and was graciously accepted by the then Minister, Deputy Burke. The fact that a by-election was being held in Dublin West at the time — which constituency had been the victim of unauthorised and highly speculative land development — had little or nothing to do with the readiness of both Fine Gael and Fianna Fáil to conceive such a committee. Nevertheless it proved to be an interesting lever in ensuring that the readiness of the two major political parties to contribute towards a constructive solution was somewhat heightened.

Senator Lanigan raised legitimate points about the role of the State, both at local and national level through the Department of the Environment and the local authorities, in ensuring that there is an adequate supply of serviced land, zoned or otherwise, that will enable development to take place, whether we control the price of that land or not.

That brings me to the general problem, the background against which this legislation is absolutely urgent. It is now 20 years since planning legislation was effectually brought into this country in 1963. The 1961 census, if my memory serves me right, was the first census since the foundation of the State that showed our population stabilising and beginning to grow, certainly in the larger urban areas. In 1973 the Kenny Report reported on what was then the scandal of uncontrolled unbridled and untaxed land speculation in the suburban areas. Ten years later, in 1983, we are now attempting as an Oireachtas as distinct from an administration of the day to deal with the problem. In the intervening years our population has become the fastest growing population of any State in the EEC and that of Dublin, for example, is growing at the rate of approximately 20,000 a year. The whole process of settlement on this island is going through a total and radical transformation such as occurs only once in the lifetime of any nation. We are shifting the basis upon which this island lives from a pattern of rural settlement which grew up over a period of at least 300 years to a transformation which will change the face of this country by the end of this century.

Statistically, in 1910 or thereabouts 20 per cent of the population of this island lived in what we would classify as urban areas, that is towns of 1,500 or more, with 80 per cent living in rural areas. By the year 2000 which is now closer to us than the date of the assassination of President Kennedy, that proportion will be virtually reversed, 80 per cent of the population living in what we would call urban areas and 20 per cent or thereabouts in rural areas. That will happen in the next 17 years. Already the ratio of urban to rural is somewhere in the region of 55:45 per cent.

The problems that we are now experiencing in the inner cities of Cork, Limerick and Dublin and to a lesser extent Galway and Waterford were forecast with grim accuracy by every urban specialist as far back as 15 years ago, because the ingredients that brought about the problems which we now have were self-evident and had brought about exactly the same problems in countries like Spain, France, America and Great Britain. Therefore, we simply can no longer turn our heads away from this problem because if we do this problem will, as it has begun already to do so, devour ourselves. Lest anybody thinks that this is a Dublin problem, I would refer him to the tragedy of the instance that occurred in the streets of Limerick over the duration of Christmas. If we had stood up ten years ago in this House and said it would be unsafe for grown men and women to walk the streets of Dublin we would have been laughed at. We can no longer be laughed at today. Part of that problem relates to our failure to deal with the reality of urbanisation. We cannot begin to deal with the problem of urbanisation unless we begin to deal with the problem of land.

I want now to turn away from that theme of mine for which I could have the Seanad sitting all day next Wednesday and the following Wednesday and the Wednesday after that if the House so desired, and to address myself to the three political parties in this House and to the Independents. All political parties are on record as saying that they agree in principle with the need to do something in this area. The Labour Party have a clear specific policy proposal in the form and shape of a Bill. Nobody criticised the principle of that Bill in the two debates that took place in the other House. Both Fianna Fáil and Fine Gael said that while they supported the principle of the Bill they had reservations about its sections, methodology and effectiveness. Individuals Independents — I am thinking in particular of Mr. Jim Kemmy, the former Deputy, who made a contribution during the debate the second time around in the Dáil. I cannot from memory recall if any of the Independents spoke the first time the Bill was debated in May and June 1980. I know from the contribution made by Senator McGuinness and the interest expressed by Senator Brendan Ryan that there is considerable interest in this among Independent Members of this House.

The setting up of this committee — I want to be quite clear about my own commitment in relation to it — is a specific follow-through to the debates which took place earlier in this House. I am saying as a Labour member of this particular joint administration that this is a unique opportunity for the members of both Fine Gael and Fianna Fáil to flesh out, formulate and work out the details of a Bill, the principle of which has already been agreed to. As Senator Ferris said in relation to the setting up of this committee prior to the sudden dissolution of the previous administration, we had already asked for and have now substantially received submissions from virtually every major local authority, and from institutions such as the Royal Society of Chartered Surveyors, the Royal Institute of Architects of Ireland, the Institute of Engineers in Ireland, the auctioneers and all other interested bodies, including the business organisations and the Irish Congress of Trade Unions. A lot of the preliminary work has been done. For Members of this House and the other House, this is a good opportunity to give non-office holders a substantial role in the formulation of legislation, the effect of which will be to transform the way in which land is held in urban areas for the next 20 years, which will affect 70 to 80 per cent of our population. If ever non-office holders in this House or in the Dáil sought substantial power in a legislative sense the Seanad has been offered it today in the formulation of this committee.

Lest anybody has any doubt, this Government and this Minister intend, as is our commitment in the common programme, to enact legislation in 1984 to deal with this problem. I hope that Senators and Deputies will avail fully of the opportunity provided by this committee to have a constructive input into the formulation of this legislation at a stage when such an input can have a meaningful effect. If they do not avail of that opportunity, they should not take it for granted that their non-taking up of the offer would prevent the legislation from being drafted or prevent this or the other House from passing what I hope will be a measure which will have the substantial support of all Members of the House. Therefore, I thank Senators very much for the constructive words offered from all sides of the House and to say in conclusion that when the committee is established my Department will have a role in servicing and assisting the work of that comittee. I give a personal undertaking to the Members of this House and of the Dáil that in so far as I can affect the measure, the committee will get every possible resource necessary to complete its task in a meaningful and constructive way within the time set by the terms of this motion.

Question put and agreed to.
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