Dáil Éireann Debate, Tuesday - 7 February 2017
102. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality if she will propose a constitutional amendment to resolve the historical injustices whereby ground rents or other rent collecting mechanisms are enforced on tenants arising from antiquated systems associated with the obscure ownership structures related to buildings, such as those affected in Carrickmacross, County Monaghan (details supplied). [5503/17]
Amharc ar fhreagra105. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality if she will enact legislation to remove ground rents being forced on businesses by absentee estate landlords that made ownership claims at the foundation of the State; and if she will make a statement on the matter. [5597/17]
Amharc ar fhreagraI propose to take Questions Nos. 102 and 105 together.
As regards the abolition of ground rents, the position is that this matter was examined in great detail by the All-Party Oireachtas Committee on the Constitution in their 2004 Report on 'Private Property'. The Committee took the view that a ground landlord's ground rent is a form of property right which is constitutionally protected and that abolition of such rents would be unconstitutional in the absence of adequate monetary compensation. The Committee also noted that where leases were approaching expiry, any legislation providing for the abolition of ground rents would have to provide for the payment of enhanced compensation by the ground rent tenant.
In light of the foregoing, I have no immediate plans to implement further measures in this area but operation of the existing statutory framework is, however, kept under review by my Department. As the Deputy will appreciate, it would not be appropriate for me to comment on any individual case or location.
