Oireachtas Joint and Select Committees

Wednesday, 2 October 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Land Development Agency Bill 2019: Department of Housing, Planning and Local Government and Land Development Agency

Ms Maria Graham:

I think the Deputy wanted them to be dealt with in a general sense, rather than specifically.

The setting up of the LDA as a commercial body is set in the context of its primary objectives, which were, in respect of active land management, to make optimal use of State lands and the €1.25 billion in State resources that would be invested through the ISIF. The best way of leveraging it in the long term, with the target of delivering 150,000 homes over 20 years, is to set up the agency on a commercial basis. In due course, if the decision, made independently by the statistical authorities, is that the LDA is off-balance sheet, it will not be Government debt in that regard.

As for the overall setting, we are consistently keeping our eye on the likes of EU state aid and procurement rules. They have framed the legislation before the committee in terms of how the LDA can act in that delivery. I will make a number of points about overall governance. The shareholders are the Minister and the Minister of State. NewERA has been working with us. It is intended that it will advise the Ministers in that regard. In keeping with the norm for a range of other commercial bodies that act in this area and make commercial decisions, NewERA will give independent advice to Ministers. In that sense, each of them, in line with the code of practice, will receive a shareholder's expectation letter that will set out Government policy. Ultimately, the LDA is owned by the Government.

We are looking carefully at the CPO issue which needs a little more work. It is intended that there will be CPO powers. It is a matter of getting the balance right. Bodies such as the Dublin Docklands Development Authority, DDDA, had CPO powers. There are a range of powers within other areas, but I do not have the specific information to hand. However, I take the point that if we are to bring forward something on Committee Stage, Deputy Ó Broin will wish to see it. The LDA has powers and there is some surrounding case law. Some of the utilities also have powers. Most of the powers are set in the context of the legislation. As I said, I take the point that the Deputy would like to hear in good time about anything that is to be brought forward on Committee Stage to deal with the CPO issue in order that he may consider it.

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