DAIL REPORT: TDs and Senators should not have constitutional protection from prosecution while travelling to and from the Dáil, according to the Taoiseach, who said such a measure "creates more disrepute for us than anything else".
Mr Ahern told the Dáil that "on a strict legal position", legislation to cap the price of building land was "unlikely to hold up" on a constitutional basis. He is awaiting a report from NESC on the issue, but he is "prepared to go down the constitutional road" if that were necessary.
The Government last night rejected a Labour Party Bill to control the price of building land by 63 votes to 38. The Taoiseach believed the Bill had "many flaws".
On the second night of the two-day debate, the Labour leader, Mr Pat Rabbitte, accused the Taoiseach of "feigning interest in the cost of building land", because he would not act on it.
The Taoiseach, who was answering questions earlier about constitutional referendums, pointed out that the previous government brought forward nine referendums and because of their complexity they required that "careful consideration be given to the frequency" they were held and their significance.
Referring to the constitutional protection from prosecution of Oireachtas members, Mr Ahern told the Dáil that while it "had a very distinct purpose" and value up to 1937, "I would not like to try to argue for its retention in a court. It would probably be thrown out today." He agreed with Green Party leader, Mr Trevor Sargent, who asked if it was time to remove the provision, that it was "superfluous" and he did not know "when someone tried to use it last".
Mr Ahern added that "personally I do not believe it would hold up now if anyone tried to use it". Even in its original form "it applied only when a House was in session. The fact that it comes up now does not do the Houses any good."
The Labour Party Bill to cap land prices, introduced by the party's environment spokesman, Mr Eamon Gilmore, would allow local authorities to compulsorily buy land for its "current use value" plus 25 per cent. He also called for special provision to be made for land acquired before the publication of the legislation "so as to avoid an attack" based on the claim that it was unconstitutional. He said a provision should be included for compensation "at least equivalent actually incurred" by the owner "plus a reasonable return on investment". The aim would be to cap the landowner's return on investment "rather than abolish it".
Mr Gilmore told the Dáil that the average price of a house in Dublin when the Taoiseach took office was €97,000 and it was now €297,000.
The Minister for the Environment, Mr Martin Cullen, rejected the Bill and said that it gave rise to "serious concerns about its practicality", it was premature and ill-judged in its specific content.
During question time, the Taoiseach said that the advice he had been given was that any Bill "would be quickly challenged". He said "we may be able to do certain things" with State land banks, but the strict interpretation was that property ownership was an "absolute right".
But the Labour leader said that despite "his own better intentions" the Taoiseach would not act because "the most valued financial backers of his party are the big owners of development land and builders" and consequently the Government was paralysed in its response to the housing crisis.
