Oireachtas Joint and Select Committees

Tuesday, 25 February 2014

Select Committee on Agriculture, Food and the Marine

Forestry Bill 2013: Committee Stage

4:25 pm

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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Concerns were raised in consultation with certain stakeholders, and on Second Stage in the Dáil, that this provision would allow for compulsory purchase of land by the Minister. In my concluding remarks on Second Stage I clarified, with the benefit of legal advice that I received on the matter, that section 6(e) does not provide the Minister with the power to purchase land compulsorily. This remains the position and I cannot accept the proposed amendments relating to CPOs. I believe that the term used in the subsection, "or otherwise acquire", is sufficiently broad to cater for any type of acquisition, including by lease, other than of course by compulsory acquisition, as I have already clarified. The Parliamentary Counsel has advised that a CPO is not covered by this term.