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Kelly says past legal advice shows rent freeze would be 'entirely constitutional'

The Labour TD Alan Kelly says legal advice he received while in government shows that a rent free...
Stephen McNeice
Stephen McNeice

13.57 2 Mar 2020


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Kelly says past legal advice s...

Kelly says past legal advice shows rent freeze would be 'entirely constitutional'

Stephen McNeice
Stephen McNeice

13.57 2 Mar 2020


Share this article


The Labour TD Alan Kelly says legal advice he received while in government shows that a rent freeze would be "entirely constitutional".

A potential rent freeze was put forward as a possible way of helping address the housing crisis during the general election campaign.

However, Fianna Fáil has said it believes such a move would be unconstitutional - and last week reiterated that it had received legal advice to that effect.

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Deputy Kelly, who is contesting his party's leadership election, today released legal advice he received while he was minister for housing during the Fine Gael / Labour coalition government.

He says he received advice approved by the then-attorney general Máire Whelan in October 2015.

Today, Deputy Kelly suggested there is "no doubt" about a rent freeze legally.

He observed: "It can be done through extending the period under which rent reviews are possible preventing rent increases for tenants in future.

“The legal advice I was given as Housing Minister in 2015 by both the then Attorney General and senior counsel proves this beyond doubt.

“Long leases are the norm in commercial property. I believe this advice will assist the political system come to a decision and provide progress for renters."

He observed that while the Dáil cannot direct landlords to set individual prices, both the houses of the Oireachtas have the legislative power to regulate the frequency of rent reviews.

Deputy Kelly said: “This means, as a temporary measure, we can easily extend the time period under which rent reviews are allowed and this delays future rent increases for a temporary period.

"It is easily achievable under the constitution to legally set this period to three years. There is no need for a referendum."

Deputy Kelly has released the relevant legal advice.

It states: "Length of interference with protected property rights can be a factor in determining whether such interference is justifiable and the duration selected for legislative reform should be supported by a clear policy rationale and extensive market analysis to ensure it will be found reasonable, proportional and minimally invasive of established property rights.

"Ultimately, the duration is a matter of policy – if the length selected can be objectively justified and supported by cogent evidence, then it should be defensible as a proportionate measure."

Other parties who have proposed a rent freeze include Sinn Féin, the Social Democrats and People Before Profit.

Main image: File photo of Alan Kelly. Photo: Leah Farrell/RollingNews.ie

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