Pat Breen (Clare, Fine Gael) | Oireachtas source

I thank Deputies Daly and Quinlivan for their contributions throughout the entire debate on this Bill. I thank Deputy Daly for tabling this amendment but I am unable to accept it because it is not necessary to include this provision in the legislation. The Deputy will be aware that this Bill addresses the implications of the 2015 Supreme Court judgment and seeks to ensure that the IDA will continue to have the capacity to compulsorily acquire property on an exceptional basis, in limited circumstances and subject to strict requirements. I must emphasise, as I did on previous Stages, that this Bill does not grant any additional or expanded compulsory purchase powers to the IDA. It remains the case that a CPO will only ever be considered as a last resort in a truly exceptional circumstance where all other viable options have been exhausted. It is abundantly clear that a compulsory purchase would not be pursued unless it was necessary and this would not be the case if there was a suitable alternative.

I reiterate that the aim of this Bill is to modernise and apply fair practice to the IDA's CPO process. The process used in this legislation is well established process outlined in the Housing Act 1966. I remind the Deputy that as per the terms of the Supreme Court judgment provision has been made in section 7 for an independent body, An Bord Pleanála, to take a full adjudication role in the process. This role, which is written directly into the legislation, is aligned to An Bord Pleanála's existing role in compulsory purchases carried out by other State bodies. The consideration of suitable alternative sites is a key part of the existing objection procedure that is overseen by An Bord Pleanála and will now be applied to the IDA. For this reason, the amendment is not necessary and I do not propose to accept it.

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