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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: This is in Judge Charlton's opening sentence in his judgment. We will leave aside what the witness, developer or Chief State Solicitor's office thinks. The judge has the final word on this and he is giving those values. At the best possible value, he says it was €17.7 million. A key body that is not represented here today and which remarkably is mentioned several times in the...

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: We know that. I am not being rude, but I know all that. Even the OPW had the value of the site at €17 million in its heyday.

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 215 houses were delivered and the builder received €45 million.

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 compliment the Department on getting the houses.

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 valued at €17 million and ended up costing the taxpayer €31 million.

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 is what I told the witness five minutes ago.

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: We will not go there. We are just dealing with the chapter-----

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: We will deal with the chapter from the Comptroller and Auditor General. We know the background and that the tender received was the best. That is fine. The Comptroller and Auditor General starts with the High Court judgment. There are a couple of issues, because this chapter hinges on the High Court judgment, and the judge had the final word. It is a very short chapter. There is one...

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 detect what is essentially a code word. The witness is saying she acted in good faith having regard to the advices. She appears to be pointing the finger at her legal advisers. To whom is she referring when she says that in the paragraph?

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: So the witness was not happy with-----

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 Chief State Solicitor's office was the OPW's legal adviser. Who was the Department's legal adviser during this or who was the Affordable Homes Partnership's legal adviser?

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: Did the Department have any advisers in this?

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: Unusually, the judge refers to the Chief State Solicitor's office several times in his judgment. In paragraph 15 he says that the Chief State Solicitor's office objected to a final transfer. What is curious about the judgment, and this chapter emanates from that, is that the Affordable Homes Partnership - this is from paragraph 18 of the judgment, which might not be before the Committee of...

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 Affordable Homes Partnership served notice on the Department to join it in the process, and the Department objected because there was a stamp duty issue. The judge says that the commissioners attended a meeting with the Department on 28 September, and the Department changed its position, for the reason that the Affordable Homes Partnership had agreed to provide an indemnity relating to...

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 thank the ladies and gentlemen for being here today. I know they have provided context and background but there is something of interest that I have not yet seen published. It is the good news bit before I get to the rest of this. When the 215 affordable houses were sold to people at affordable prices, what was the total amount received with respect to the €31 million value? A...

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 total.

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 year was that, as the value changed every 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: What was achieved when they were sold?

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 know what "discount" means in this context. I just want to know what were the sale proceeds. The State acquired, in a timely manner, the 215 affordable houses, and I laud that. They were sold to people on the housing list in south Dublin. How much was received for the sale of the 215 housing units? I am sure some of them were apartments.

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: So the developer got the proceeds of the houses?

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