Dan Boyle (Cork South Central, Green Party)
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Question 181: To ask the Minister for Defence if, further to the settlement of a recent court action, that freehold interest claimed by a company (details supplied) on former Department of Defence property at Ballincollig, County Cork, was shown not to have been valid; and the moneys which have been paid by his Department to this company in the belief that this property claim was valid. [2725/06]

Willie O'Dea (Limerick East, Fianna Fail)
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My Department is not aware of any recent court case as referred to by the Deputy. In a High Court judgment given on 5 August 2003, by consent, the court found that my Department was not bound under the relevant leases to surrender any part of the leased lands at Ballincollig to the head landlord in question, is entitled to alienate the leased lands for the residue of the leasehold period and is entitled, without the constrictions which had been contended by the head landlord, to dispose of the entirety of the lands without consent of the said head landlord.

My Department held and continues to hold part of lands at Ballincollig under leases dating back to 1805. Those leases are of 999 years duration, commencing 31 December 1804, and provide for payment of leasehold rent to a head landlord. My Department was notified by letter dated 7 October 1968 that the head landlord interest of the Wyse estate in the property at Ballincollig was sold and conveyed to Ballincollig Holdings Limited and that all future leasehold rent should be paid to Messrs. Joseph Morrisey, Solicitors, 17A South Mall, Cork. Ballincollig Holdings Limited remains the current lessors.

My Department continues to make payment of the relevant remaining portions of the annual rents payable under the leases. No other payments have been made to the lessor.