Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank the Deputies for their amendments and contributions. I will make a couple of general points. I would not underestimate the positive effect of the activation of public and State-owned land into the housing market and the effect it will have in driving further private land activation. We have seen examples of that through the local infrastructure housing activation fund, LIHAF. Land hoarding is not something anyone should support nor should the State, which is the biggest land hoarder in the country. It is estimated we have enough zoned and serviced land to provide approximately 114,000 homes. It is very significant to be able to pass this legislation so we can actually get on with developing homes on State-owned land. I do not want to go over old ground, but I repeat this Bill is to supplement enhanced delivery by local authorities of both social and affordable, not to replace it. It is an addition to that delivery.

On amendment No. 192 moved by Deputy O'Callaghan, amendments Nos. 193 and 196 moved by Deputies Ó Broin and Gould and No. 195 moved by Deputies Boyd Barrett, Kenny, Murphy, Smith and Barry, I will not accept these amendments because it is not possible to do so. Section 59 sets out the agency's powers to acquire land compulsorily. It provides that the agency may acquire land where the land is required to provide access to relevant public land and land owned by the agency or to facilitate the provision of infrastructure required by housing on relevant land or land owned by the agency. It may only acquire such land if it has first made a reasonable attempt to acquire the land by agreement.

That is effectively giving the appropriate compulsory purchase order, CPO, powers to the Land Development Agency to acquire ransom strips in particular. There were no CPO powers at all in the original draft general scheme in the last Oireachtas. This is completely different legislation. The agency will have proportionate CPO powers. I am not saying they will not grow in future but we must have regard for state aid rules. That is, frankly, a consideration as well.

The LDA will, and should, be primarily focused initially on developing public lands and where it seeks to acquire private lands it is intended that it will primarily purchase these through agreement. Most of us would want agreement in those instances, but we really want to get on with the particular nine sites the LDA has at the moment and to expand that further. The intention of the Bill is to provide the LDA with appropriate CPO powers to enable it to purchase, as I said earlier, ransom strips.

It is not appropriate that this section be amended to widen the scope of the LDA’s CPO powers. On the point made by Deputy Ó Broin about other public stakeholders, the LDA will not require CPO powers to deal with other publicly-owned stakeholders because the Government will direct them to do so and to transfer land where required. More broadly, the Law Reform Commission, as members will know, is examining CPO law. I expect those recommendations by the end of this year. It has been ongoing for five years. I am sure Deputies are aware of the existing complexities of our CPO system. Reform is needed in that space so we look forward to the Law Reform Commission report.

I also want to reiterate the LDA will not in any way affect the primary role of local authorities as housing authorities. I have said this on a number of occasions. It just simply will not. It does not matter how many times members say it will; it will not. The LDA will not purchase local authority lands. If they are offered for sale by local authorities, of course, it will. However, the LDA will not be CPO-ing any local authority land. Local authorities will be the main drivers of housing delivery. That is why, just last week, I gave an instruction to local authorities to buy more land to enhance and increase their land banks, some of which will effectively be used up over the next three or four years. The Department and I have changed the way we will reimburse local authorities so they will be reimbursed earlier. I want to build up the public land bank our local authorities have for the delivery of social, affordable and cost rental.

I cannot accept the amendments as tabled by Deputies and have given my reasons.