Tommy Broughan (Dublin North East, Labour)
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Question 126: To ask the Minister for Enterprise, Trade and Employment his plans for the IDA lands at the proposed Fingal industrial park in Dublin 17; the proposals IDA Ireland has to remove the 40,000 plus tonnes of toxic waste illegally dumped along the River Mayne at that location to remediate the adjoining lands; if he or the CEO of IDA Ireland has contacted the Garda Bureau of Criminal Investigation on the matter. [21814/05]

Micheál Martin (Cork South Central, Fianna Fail)
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The management of IDA Ireland's industrial property portfolio, including the purchase and disposal of property, is a day-to-day operational matter for the agency as part of the statutory responsibility assigned to it by the Oireachtas and not a matter in which I, as Minister for Enterprise, Trade and Employment, have any direct function.

I have been informed by IDA that in August 2004, the agency made a planning application for the remediation of the landfill site on its lands at Belcamp. Subsequently, in January 2005, following discussions with Fingal County Council and Dublin City Council, IDA Ireland decided to strategically withdraw its planning application relating to these works, with a view to resubmission at a later date.

IDA Ireland was of the view that additional information would serve to better support its application at approval stage. In this regard, IDA is in discussion with the local authorities about submitting a revised application. This process is currently at an advanced stage and it is envisaged that a revised application will be submitted over the coming weeks.

IDA is currently involved in legal action in relation to this case and thus it would not be proper to comment on some of the points raised in the question at this stage.

Tommy Broughan (Dublin North East, Labour)
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Question 127: To ask the Minister for Enterprise, Trade and Employment if he will provide a full report on the history and ownership of lands owned by IDA Ireland in Dublin 17; the lands which have been sold in recent years; the lands which remain in public ownership; the history of the lands occupied by a company (details supplied); if those lands triggered emergency legislation in the Oireachtas recently; the losses which accrue to the State from a change in status or sale of the lands; the status of a former company's lands and facilities; and if he will make a statement on the matter. [21846/05]

Micheál Martin (Cork South Central, Fianna Fail)
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The management of IDA Ireland's industrial property portfolio, including the purchase and disposal of property, is a day-to-day operational matter for the agency as part of the statutory responsibility assigned to it by the Oireachtas and not a matter in which I, as Minister for Enterprise, Trade and Employment, have any direct function.

Compilation of the material required to answer the question requires extensive research and it is not possible to undertake this research in the timescale permitted. I have asked IDA Ireland to revert directly to the Deputy with the information requested within a period of two weeks.

In the interim, the sequence of events leading up to the enactment of the recent emergency legislation in the Oireachtas is outlined for the Deputy's information.

IDA normally sells land by means of a 999-year lease. This lease incorporates a restrictive user clause limiting the use of the land generally to manufacturing and or internationally traded services.

IDA was served with a notice by a leaseholder at Clonshaugh seeking to acquire the freehold interest in the land pursuant to the Landlord and Tenant (Ground Rent) Acts. Under the provisions of these Acts, lessees may acquire the freehold interest provided that certain conditions are met. While terms of the lease entered into by the IDA did not meet the criteria set out in the Acts, the company holding that lease created a sub-lease, the terms of which fulfilled the criteria for eligibility to acquire the freehold interest. The sub-lease was acquired by a connected company which immediately applied to acquire the fee simple. Having received clear legal advice that the applicant company was entitled to acquire the freehold interest, the IDA negotiated a settlement with the company the terms of which are the subject of a confidentiality agreement between the parties.

The Landlord and Tenant (Ground Rents) Act 2005 was enacted on 19 May 2005. The purpose of the legislation is to protect the State's interest in lands acquired by the three industrial development agencies, IDA Ireland, Shannon Development and Udarás na Gaeltachta. The legislation includes these agencies as a bodies excepted from the application of the Landlord and Tenant (Ground Rents) (No 2) Act 1978. From the operative date, any lessee holding a lease from these agencies or a sub-lease under that lease is restricted from acquiring the fee simple in those lands.