Dáil debates

Wednesday, 10 March 2021

Land Development Agency Bill 2021: Second Stage (Resumed)

 

6:50 pm

Photo of Michael McNamaraMichael McNamara (Clare, Independent) | Oireachtas source

I will start by going back in time a little and examining how we came to this point. I will go back ten years to be precise to a Government that had taken power in a slightly different economic situation but one that I fear is about to be revisited. I supported not all but many of the difficult decisions taken by that Government. The Minister was critical of the 2011-2016 Government, perhaps rightly in some instances. However, one achievement of that Government, and one of the reasons I supported it, was that there was no sell-off of State lands. There was a huge amount of pressure to sell off State lands at the time regardless of what entities owned them. They were preserved in public ownership, however, a testament to that Government. It was important that those State lands were maintained because they are now what the Government is proposing to develop for public housing. I have no problem whatsoever with that.

The 2011-2016 Government's record in house building was not great. The Government before it, which the Minister supported, was no better. Both of them were in difficult economic times. The economy determines what services we provide, be it health, education or public housing. It also determines how efficient and how successful society is in vindicating social and economic rights. It is very difficult to build houses if there is no money. The Soviet Union built millions of houses from Białystok right across to Vladivostok.

They were not building many of them by the 1990s because their economy was on the rocks. The previous Government has a particular failing to answer for in that the country was doing well economically but houses were not being built.

To go back to my point about the importance of land banks for building houses, even if one gets a Government that does not have the wherewithal to build houses because of what it or a previous Government has done to the economy, the moneys at least are there. The land bank remains. That is why I would join with some previous speakers in expressing concern, in particular, at sections 49 and 56 of the Bill. The Local Government Association, which is a non-party political organisation and on which there are representatives from all organisations, has expressed concern.

I want to be clear that I do not have a problem with the Department or even a local government management agency taking property in instances where a local authority has manifestly failed to develop lands but the powers that are currently contained in this Bill are far wider than that, and that is my concern. As I say, I have no problem with what I think is the Minister's intention. I acknowledge and applaud that but I suppose we must legislate not only for the Minister's intentions but for the intentions of future Ministers of the Department, whatever it may be called in the future.

The powers to acquire land from local government must be tightened somewhat. There has to be a demonstrated failing by the local authority in question before the land can be taken off it and if there is such a failing and the land is taken by a development agency to develop public housing, who could possibly complain about that?

My other concern is that there is the power to take lands in public ownership and develop private housing on it. The Minister has made it clear in the case of Dublin - in fairness, it is his intention right across the country - that is not what he intends to do with this Bill. I repeat that we are not legislating for the Minister's intentions; we are legislating for future Ministers.

I want to be absolutely clear that I am not in any way talking about the Minister but predecessors in his office have been found to have been corrupt. I would worry in the event that there was a corrupt Minister in the future. Obviously, it is the Land Development Agency that would seize the land but, of course, all of the members are appointed by the Minister. The Minister, as Ministers do in the vast majority of agencies, will set the tone of the agency, be it a move towards the development of private housing on public lands or a commitment to developing exclusively publicly housing on public lands, or indeed something much more untoward. It is not impossible. If it has happened previously, it can happen again. The whole issue around development of lands, particularly in west Dublin, but in many other parts of the country, was fraught with corruption for years. Thankfully, I am not aware of any such corruption at present. I am certainly not aware of any such forces in Irish politics that were there previously but I am making the point that we are not legislating for now; we legislating for the future. We should be cognisant of that.

The other issue I wish to raise as we are talking about housing is a failure by local authorities, including the local authority in Clare, which I represent, to adequately use the Derelict Sites Act 1990. There are many derelict buildings in towns across Clare, as there are right across Ireland. They are damaging to the morale of a town and I suppose they are particularly offensive in circumstances where there are long housing lists.

If the Derelict Sites Act needs to be amended, that is fine. Clare County Council has made the point that it feels the Act is inadequate. On the other hand, I believe Louth County Council has used it quite effectively to acquire. As for who is right and who is wrong, I do not know. I know about towns such as my own home town of Scariff and, in particular, Tullow, which is very near to me. The Minister has been criticised quite a bit for his plans to visit various areas of the country. I applaud the Minister for visiting areas of the country. A Minister should know what is going on across the country at all times. However, I would ask the Minister, when he is visiting an area, to look out for derelict buildings. I would ask the Minister to visit Clare and look at the amount of derelict buildings, in particular, in Tullow. It is a problem in Kilrush, Kildysart and Scariff. It is a problem on the street of Killaloe. In every town, there are these buildings which are not being utilised and must be brought back into use. If the owners have immediate plans to bring them back into use, that is the purpose of the Derelict Sites Act where a person is notified that it is intended to put his or her site on a register and the person can say that although it is a bit messy, he or she plans to carry out the following works in the following timeframe and the site is not put on the register. Alternatively, the site can be put on the register and if the site remains on the register for a period, the local authority can compulsorily acquire it and bring it back into use, either residential or retail, or a mixture of the two. It is something that we badly need to see utilised. Just as we badly need to see public lands being developed for housing, we need to see people back living on the main streets of our towns instead of those buildings falling in as they are at present.

I do not have a problem with the Minister's stated intentions and if local authorities are not developing the lands at their disposal, they should be taken off them and given to an agency which will development them for public use. My concern is that the powers provided in this Bill are greater than that and could be abused in the future, either to bring about the development of private housing on public lands or for more nefarious purposes.

I have no problem with the Bill. I will be voting for it on this Stage but I strongly advocate that the Minister bring in amendments to tighten up the powers to take the lands, on Committee Stage or further down the line.

Finally, I also urge the Minister to look at the Derelict Sites Act and its operation to ascertain whether it is adequate. Various local authorities will have different views on the matter but it must be adequate. Just as there are a lot of public lands that are not been adequately used in the Minister's view and need to be adequately used, there are a lot of derelict sites right across the country. If particular local authorities are not stepping up to the plate and are not doing enough to bring them back into ownership, some strategy needs to be developed by the Minister and his Department to ensure that the blight of dereliction in our towns is combated.

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