Dáil debates

Thursday, 13 December 2012

Ceisteanna - Questions - Priority Questions

Land Reclassification

4:30 pm

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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To ask the Minister for Agriculture, Food and the Marine his plans for Castlerea Town Trust, Cow Park Trust, County Roscommon; his position regarding appointing new trustees to such a trust; and if he will make a statement on the matter. [56184/12]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I am pleased that the Deputy has asked this question because we discussed it some weeks ago. I am pleased that I have managed to bring the issue forward since that discussion. I wish to make clear at the outset that my reply relates to the public trust set up in 1919 under the provisions of the Land Purchase Acts. To avoid confusion, my Department refers to it as the Castlerea Public Trust because there is another private trust bordering the trust in Castlerea. The Castlerea Public Trust land is registered on folio No. 13684 County Roscommon in the names of the trustees.

Public trusts vest the trust land in the trustees and provide that day-to-day operational matters relating to the public trust are dealt with by the trustees, appointed from time to time. As Minister, I retain certain residual powers, mainly set out in section 30 of the Land Act 1950. These powers are to appoint the trustees; to alter or amend the terms of the trust; to agree to proposals from the trustees regarding disposal in whole or in part of the trust; and revocation of the trust if it is not being used for its intended purposes.

Castlerea Public Trust was originally created as a cow park trust, where local landless people could graze a cow. With the passage of time as Castlerea town has developed, part of the trust lands close to Market Square have been used by local people for recreational purposes and there are several paths and walkways traversing the trust lands.

As Minister, I am solely empowered to appoint trustees to these Land Act trusts. The existing trustees notify my Department when any appointments are necessary and they also nominate names of persons suitable and willing to act as trustees.

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
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Minister, the remainder of the reply can be read into the record because there is quite a bit to go.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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If the Deputy prefers I will get to the meat of it.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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Yes, please. If the Minster could do so I would be keen to hear what he has to say.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I have only half a page left.

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
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Okay, but it lessens your time for supplementary questions.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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I will chat to the Minister afterwards.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The minimum number of trustees in this trust is five and the maximum number is 12. It is important that the replacement trustees are nominated by and acceptable to existing trustees to ensure the harmonious work of the trust. This is especially important in Castlerea because at present the people who are the trustees of the Castlerea Public Trust lands are also trustees of the contiguous private trust lands.

In the case of Castlerea Public Trust, new trustee nominations were recently submitted to me. I have not as yet appointed these nominated parties because I believe it is necessary for the existing trustees to carry out a comprehensive review of the operation of the trust and address in particular the need to modernise the use of the trust from mainly pasturage to accommodate general recreational use. When this review has been completed, I will consider the nomination and replacement of trustees, who may bring additional community value and reflect any new direction established for the use of the trust lands. This will entail the trustees liaising with community leaders for the ongoing development, preservation and increased community use of the important local amenity.

It is my policy generally with Land Act trusts that where agreement can be reached locally, ownership of the trust lands should be transferred to a community company or a co-operative representative of local communities. I endeavour to seek consensus not confrontation in carrying through such a transfer. I am mindful of the fact that the trustees in Castlerea and their predecessors in title have preserved and developed this trust since 1919 as a significant amenity for the area and I hope to be able to move this process forward in a positive way.

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
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There are only two minutes remaining for this question.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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I do not often come into the House and praise the previous Government. I hope I can do likewise for this Government. The former Minister of State, Deputy Michael Finneran, stated in this House: "The ... trust does not appear to be answerable to anybody, is not elected, refuses to discuss the business of the town demesne with any local representative group". That was possibly the first time that the former Minister of State chimed with the people of Castlerea.

In 2005, 1,300 people wrote to the then Minister with responsibility for agriculture asking her to revoke the trust. While she did not do so, she did not appoint any new trustees. This has led to the situation whereby there are now only five trustees remaining. If that number falls below five, it will not be possible to obtain a quorum for a meeting, at which point action will have to be taken. When I heard that an attempt had been made to appoint new trustees, I contacted the Minister whom I thank for taking the time to speak to me on what I know was a busy day for him.

More people have now written to the Minister. I understand some 1,300 people have done so and that there are a further 280 letters on the way to the Minister asking him not to appoint new members to the trust, to let it fall and, if needs be, to use his powers to revoke the trust. When the Minister's officials last visited the trust, they outlined the future of the cow park trust in view of the fact that the main objective of the original trust had now ceased. They also informed it of the 1,300 letters received by the Minister, which had been organised by then Councillor Flanagan, and said that as a public official the Minister could not ignore them.

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
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Time for this question has elapsed.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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The purpose of the trust has ceased. As such, an opportunity to revoke it exists. It is hoped the Minister will do this. People in my town are united on their right to have a say in their own future and destiny. I hope the Minister will facilitate that.

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
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We must move on.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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I thank the Minister for what he has done thus far.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I am not sure everybody will get what they want but we are moving towards resolving the matter.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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All we want is openness and accountability.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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That is what is happening. I turned around a situation about which the Deputy was very unhappy.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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Yes.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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We have created time and space to try to find a solution.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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Thank you.