asked the Minister for Justice if he is aware that certain documents have now been discovered which would appear to indicate that some tenants on the Proby estate, Sandycove, Dún Laoghaire had building leases; and if, in view of the fact that such tenants are excluded from the recommendation made under the Landlord and Tenant Commission and in view of this information, he will have these tenants covered under the proposed legislation.
Ceisteanna—Questions. Oral Answers. - Proby (Dublin) Estate.
21.
I assume that the Deputy has in mind those tenants on the Proby estate who had entered into agreements with the landlord and who are, therefore, outside the scope of the recommendations of the Landlord and Tenant Commission. As I indicated, in reply to a question by the Deputy on 3rd July, 1968, I do not accept that right of renewal should be extended to those tenants. Such a departure from the Commission's recommendations would, in my opinion, be an undue inter ference with existing contracts and be open to serious objections in principle. I do not consider that these objections can be significantly affected by any new light which may now be cast on the nature of the previous leases under which these tenants held. What is important is that the agreements were legally entered into and that any attempt to set them aside in legislation could well raise constitutional difficulties.
If, as a result of documents being discovered which would indicate that some tenants had entered into agreements, as they believe, under duress and which would now appear to justify their claim to valid building leases, would the Minister, in those circumstances, consider legislative provisions which would cover them?
If the Deputy gives me particulars of what he alleges has now been discovered I will have the matter considered. As far as I know, this matter was fully considered by the commission and the commission were aware of what the Deputy alleges, that there were ejectment proceedings against which some of these people fought. The Deputy is well aware that where contracts have been entered into—where sales, for instance, have taken place—it would be virtually impossible to put back the hands of the clock. Indeed, constitutionally, I do not think that could be done. However, if the Deputy has new information and submits it to me, I will have the matter considered.