Thursday, 18 April 2013

Ceisteanna (195)

Thomas P. Broughan


195. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he intends to address the issue of upward only rent reviews through a referendum and any statutory measures in the 31st Dáil; and if he will make a statement on the matter. [18034/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I refer the Deputy to my reply to Parliamentary Questions Nos. 907 and 909 of 16 April 2013 in which I indicated that the decision made by Government in December 2011 not to proceed with the commitment in the Programme for Government to legislate to end upward only rent review clauses for leases entered into prior to 28 February 2010 was taken on foot of consultations with the Attorney General, which made it clear that the proposed legislation gave rise to significant constitutional difficulties. I also indicated that it was clear that any legislative proposal would require the payment of compensation to those whose property rights would be infringed if that proposal were to be compatible with Constitutional and European Court of Human Rights norms.

Against that background there are no plans to re-examine the decision which was taken in 2011 and there are no plans to have a referendum on this matter.