Dáil Éireann Debate, Tuesday - 31 May 2005
63 Mr. Allen asked the Minister for Enterprise, Trade and Employment if his Department is aware if other State agencies face a similar predicament to that of IDA Ireland, Shannon Development and Údarás na Gaeltachta that led to the passing of the Landlord and Tenant (Ground Rents) Bill 2005; and if he will make a statement on the matter. [18077/05]
View answerThe urgent passing of the Landlord and Tenant (Ground Rents) Bill 2005 was necessary to protect the interest that the State holds in property that has been acquired for industrial development purposes by IDA Ireland, Shannon Development and Údarás na Gaeltachta by including these bodies among the State authorities that are not bound by the Landlord and Tenant (Ground Rents) (No.2) Act 1978.
An application to the county registrar brought to light the fact that a legitimate scheme could be devised whereby sub-leases created by lessees could establish an entitlement for the sub-lessee to acquire the freehold interest in a property thereby extinguishing restrictive user covenants in the head lease. This had implications for the way in which the industrial development agencies could manage their properties.
In the relatively short period between my Department first bringing my attention to the issue on 13 April 2005 and the presentation of the Bill before the Oireachtas on 19 May 2005, legal advice was obtained and the Departments that were directly involved were consulted. In the course of this consultation, my Department was not made aware of any other State agency or body that would be in a similar predicament.
However, the day after the Bill was passed into law, the Secretary General of my Department felt it was prudent to write to the Secretaries General of the other Departments informing them of the background to the legislation. He also highlighted the fact that during the debate in the Oireachtas a number of contributors had raised the issue of whether other State bodies and agencies might be affected in the same manner as the industrial development agencies and if further legislation would be required. It is now a matter for each Department to consider the position of the agencies under their remit.
