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:

The Government approved the legislation's general scheme with a view to priority drafting. We are looking for an early enactment. Obviously, there is a process. We welcome that the committee has taken this legislation speedily, as the pre-scrutiny stage will feed into our drafting process.

Regarding the associated issues, this legislation is setting the LDA up on commercial terms. A critical component is the capitalisation of €1.25 billion. As Mr. Coleman outlined, there is wide scope within the establishment order, which is allowing the LDA to advance the lands and gives it the power to acquire, purchase and take on leases. On a practical day-to-day basis, that work is moving forward. Important governance elements around the commercial side are reflected in this Bill. The capitalisation is probably the critical aspect in terms of scaling up activities to the next level.

While I note the Deputy's comments on the time taken, in establishing the LDA we have been teasing through many issues, including the transfer of sites. This has informed us in developing the general scheme. The early engagements have allowed us to develop it. We have been working through issues such as state aid, which is complex, public procurement and the general government balance. These issues have taken some time to address, but they have been informed by practices in respect of the individual sites - it has been a kind of bottom-up approach - and engagement with local authorities and others.

I note the point about the affordable housing criteria. The LDA is working as part of an overall initiative around affordable housing.

We are trying to achieve a balance between the governance of a commercial body that has the freedom to act in the way we want it to, by which I mean active assembly and being agile, in order to get the best for the State in terms of overall housing while having the kind of accountability that we require. The Bill contains a number of components on the commercial side to ensure that there is Government oversight and all of the accounts are laid before the Oireachtas. The Committee of Public Accounts component is not the norm for commercial matters, but this aspect has regard to the fact that valuable State moneys and lands are going to the LDA.

We have not specifically covered the lobbying legislation, but what is contained within the Regulation of Lobbying Act is a matter for the Oireachtas. Commercial State bodies are not covered by it currently. There is legislation that is held by the Minister for Public Expenditure and Reform. Lobbying is not covered within this Bill.

Senator Boyhan referred to a circumstance in terms of freedom of information. We are trying to achieve a balance between those functions that are purely commercial, where FOI would interfere in getting the best value for lands in the public's interest, and more day-to-day operations on the administrative side, which would be covered by FOI.

I believe I have covered the Deputy's questions.

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