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Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: Okay. I will move on. Chairman, I will not be long more and, to use Ms Tallon's words, it is a complex issue. When do the witnesses expect to have finality in terms of the total cost of the scheme? Has there been any discussion? You are now saying that the money is payable to NAMA so this is money due to NAMA. Is that correct? It is obvious and we all understand that the company is in...

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: -----that the payments are being made to NAMA each year. It is really NAMA's responsibility to send the Department the bill because it is due the extra legal fees. If there is an extra €1 million in legal fees, it will be payable to NAMA for NAMA to discharge to whomever necessary. Am I right in saying that?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: What has and has not been transferred to NAMA out of this arrangement?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: It was €562,000.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: Plus interest of €192,000. The court award is payable to NAMA. What other costs will follow in order to complete the process?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: Has Ms Tallon any idea what that fee will be?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: What Vote will the money come from? There is a 60:40 arrangement for the payment to NAMA.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: Is there a ratio for sharing the costs of the payment to NAMA?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: Please give me the breakdown. What is the split between the OPW and the Department? We have two accounting officers present.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: Yes, 60:40. That is what I understood it to be. How much of that will come from the OPW's Vote this year?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: This year - 2014.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: Under what heading in the OPW's Estimate? Please bear in mind that the Estimate for the Office of Public Works was discussed here yesterday. Ms McGrath and the Minister attended and I have pages of documentation. It is interesting that the Estimates that were given for 2014 made no reference to the payment to NAMA as a result of the High Court judgment. We had a lengthy discussion...

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: Under what subhead is it listed?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: I understand that. I should point out, to the Comptroller and Auditor General as well, that I got no sense from reading the chapter, the opening statements or the documentation provided that Durkan New Homes got €76 million. It got €45 million from the proceeds of the housing units and €31 million from the Department-----

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: Explain it to me.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: The witness is saying that the Department is paying €31 million in lieu of Durkan New Homes not getting the site in Harcourt Terrace.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: I do not mean to be critical, but I did not get the basic picture from any of the reports. It is probably eminently understandable to everybody on the witness's side of the table, but there was no mention of this €45 million being paid to the developer. Okay, he built them for the price, which turned out to be €200,000 per housing unit. That was probably reasonable value, but...

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: Okay. The Comptroller and Auditor General said in his opening remarks in July 2012 that the High Court awarded €32.6 million. The final sentence in that paragraph was that the final bill for the firm's legal costs was still awaited. Has the Department got the final figure yet?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: When does the witness expect it? Have there been any discussions since this report was issued last September?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 6 - Land Swap Arrangement in the Provision of Affordable Houses
Vote 13 - Office of Public Works
(30 Jan 2014)

Seán Fleming: I refer to the opening paragraph of the judgment by Mr. Justice Charlton delivered on 5 July 2012 in the case of Durkan New Homes v. Minister for the Environment, Heritage and Local Government. That paragraph states that in 2006 the site on Harcourt Terrace comprising the film censor's office and the Garda station on 0.87 of an acre was valued at €17.7 million. That was at the height...

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