Oireachtas Joint and Select Committees
Wednesday, 5 December 2018
Select Committee on Housing, Planning and Local Government
Local Government Bill 2018: Committee Stage
6:00 pm
John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source
What we are allowing for in pretty much all of the transfers is that if the two councils reach agreement that for some reason an asset might transfer but the liability would not, that can be done under the legislation. Generally, provisions are such that if assets are transferring, liabilities are moving too. I think there is an amendment to that effect, possibly in the Deputy's name, in respect of the housing stock issue and housing loans. The view is that if the housing loans are transferring and income will accrue to the city from that, the liability should transfer also. I was looking at the Deputy's amendment before I came in, although I cannot remember which one it is. If the councils agree between themselves that the liability should not transfer when an asset is moving, we are allowing them to do so. Generally speaking, when assets are moving, the liabilities will move with them.
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