State can't interfere, Ahern
Wednesday March 17 2010
IT is not constitutionally permissible for the State to interfere through legislation with pre-existing leases freely negotiated on a commercial basis by private parties, the Minister for Justice, Equality & Law Reform told the Dáil.
Any attempt to do so would clearly constitute an unjustifiable attack on property rights contrary to Article 40.3 of the Constitution and also would not be justified under Article 40.3.2° as being wholly disproportionate.
Opposing the Labour Party Bill he could state categorically, on the basis of unequivocal advice received from the Attorney General, that the Bill was not consistent with the Constitution.
At the core of the Bill was an attempt to impose a substantial restriction on private property rights, since one of its key objectives was to effect a change in the amount of rent which had been agreed as a result of a contractual arrangement which has been freely entered into by the relevant parties.
In this context, rent from commercial premises was undeniably property for the purposes of the relevant provisions of the Constitution.
The Labour Party Bill was defeated by 75 votes to 72.
