Committee Reports > List of Committees > Seanad > 1967 > Select Committee on Statutory Instruments > Report No. 03 - Statutory Instruments [7]

APPENDIX IV.

Life Annuity (Sale of Land to Land Commission) Regulations, 1967 [S. I. No. 27 of 1967].

An Rúnaí,

An Roinn Tailte.

The Select Committee has been considering the Life Annuity (Sale of Land to Land Commission) Regulations, 1967 [S.I. No. 27 of 1967]. It notes that Article 9 of the instrument enables the Land Commission to “grant a right of residence in the dwellinghouse on the lands to the vendor for life and thereafter to the vendor’s surviving spouse or approved dependent (if any) for the life of that spouse or dependent but such right of residence shall lapse with the death of such spouse or dependant.” It seems to the Committee that, on a literal interpretation of this provision, a vendor’s right of residence must be taken to lapse on the death during his life time of his spouse or approved dependant. As the Article appears to contemplate a right of residence being granted to a vendor who has neither a spouse nor an approved dependant the Committee finds it difficult to believe that it was intended that a right of residence granted to a vendor with a spouse or dependant should be defeasible by his wife or dependant predeceasing him. It would welcome the observations of your Department in the matter.

M. G. KILROY,

Cléireach an Roghchoiste.

9 Márta, 1967.

An Cléireach,

Roghchoiste um Ionstraimí Reachtúla.

I am to refer to your minute of 9th ultimo relative to Article 9 of the above Regulations and to state that the desired intention was to provide for (1) the granting by the Land Commission of a right of residence to a vendor for his life-time and (2) on his death, the extension of the right to a spouse or approved dependant (where appropriate) for their life-time but no further. There is no question of terminating a vendor’s right of residence should his spouse or approved dependant predecease him. The Minister is advised that the words “and thereafter” and “surviving” in lines 7 and 8, respectively, of Article 9 rule out the danger of defeasance of the right of residence in the life-time of the vendor.

P. Ó CALLANÁIN.

6 Aibreán, 1967.