Sir, - Although the action by Clare County Council to put on hold the planning application of a German national and her Irish-born partner may be illegal under Irish law, there is provision for this kind of exclusion policy in the laws of another EU state, and it is further codified under the Maastricht Treaty.
Normally, if you or I want to buy a holiday home in Denmark, it is illegal according to Danish law. And to ensure that the law is not contravened by the European Union and the Single Markets imperative for rationalisation in all areas of the economy, including the housing sector, the Danes ensured that the first Protocol to the Maastricht Treaty is an opt out that allows them to restrict the sale of holiday homes to Danish citizens only. The Protocol reads, "Notwithstanding the provisions of this Treaty, Denmark may maintain the existing legislation on the acquisition of second homes."
It is possible to appeal to the Danish Ministry of Justice, and if we are able to demonstrate a "significant connection to Denmark" by way of family, friends, or a sustained period of regular visits, one might be granted an exemption from the law. When I inquired as to how long the sustained period of regular visits needed to be, I was told "25 to 30 years," by the Justice Ministry functionary who processes the appeals for an exemption. About 100 appeals are granted annually.
The reasons the Danes have been so intent on restricting the sale of holiday homes have, unfortunately, less to do with protecting the locals than a racism that is inherent to all laws of this sort. Although Denmark is considered to be a reasonably tolerant society, it is often not so at the level of sentiment, and this is one of the instances in which they have codified that sentiment.
The Danish exclusion law has racist roots that are unworthy of the ideals of tolerance that Danish citizens and their government often articulate. Although the law is applicable to all non-Danes, as any Danish citizen familiar with the restrictions on the sale of holiday homes will uncomfortably admit, the universal restriction is merely a broad cloak for a law that is commonly known as the "Anti-German Law". This is because the Danes fear that the Germans will come north and become permanent neighbours within their holiday home communities and they don't want this, simply because of intolerance of Germans. Although the Danes have had unpleasant historical experiences with Germany, so too have many other European nations. The European Union as a political project is meant to overcome that history and the Germans to their great credit have worked hard to create a Europe free of conflict and intolerance.
Thus, although there is a Danish precedent for the actions of Clare Co Council, we should be clear that such restrictions are inevitably racist. Rather than allow such restrictions to creep into Irish law, we should be fighting to overturn them wherever they manifest themselves, be it Co Clare or Denmark. - Yours, etc.,
Dr James Skelly, Dalkey, Co Dublin.