Wednesday, 2 October 2013

Questions (218)

Mattie McGrath

Question:

218. Deputy Mattie McGrath asked the Minister for Justice and Equality the reason, despite the 2009 Land Conveyancing and Law Reform Act having abolished the powers of the sheriff under section 133, which states that the power of the sheriff or of other persons entitled to exercise the sheriff's powers to seize a tenancy under a writ of fieri facias or other process of execution is abolished, except in relation to a tenancy of land that is used wholly or partly for the purpose of carrying on a business, the sheriff is still exercising his power in seizing tenancy; and if he will make a statement on the matter. [41309/13]

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Written answers (Question to Justice)

The position is that section 133 of the Land and Conveyancing Law Reform Act 2009, which entered into force on 1 December 2009, abolished the sheriff's power to seize a tenancy under a writ of fieri facias except where the land is used wholly or partly for business purposes. Section 131 provides that the term "business" has the same meaning as in the Landlord and Tenant (Amendment) Act 1980. The Deputy will appreciate that sheriffs are not directly accountable to the Minister for Justice and Equality in the performance of their statutory functions.

The operation of the law in this area had been reviewed by the Law Reform Commission in its 'Report on Debt Collection: (1) The Law relating to Sheriffs', and reform was subsequently recommended in its 2004 Consultation Paper 'Reform and Modernisation of Land Law and Conveyancing Law' which formed the basis for the 2009 Act.