Written answers

Thursday, 2 March 2006

Department of Finance

Departmental Properties

5:00 pm

Photo of Gerard MurphyGerard Murphy (Cork North West, Fine Gael)
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Question 147: To ask the Minister for Finance if he can reconcile the replies to Questions Nos. 217 and 315; if he has taken into account the submissions made by a person (details supplied) in County Cork; and his views on the case. [8694/06]

Tom Parlon (Laois-Offaly, Progressive Democrats)
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I refer to the responses to Question No. 217 of 29 November 2005 and Question No. 315 of 21 February 2006. The following information will reconcile the replies.

In order to progress matters on Question No. 217, the Office of the Chief State Solicitor stated that proceedings would be re-entered into the High Court on behalf of the Minister for Finance, on the basis of information available to the Office of the Chief State Solicitor at this time. This matter was discussed by the Office of the Chief State Solicitor, in liaison with the Office of the Attorney General. At that time, the Office of the Chief State Solicitor was on notice that another party disputed the State's entitlement to the lands in question, but had not at that time submitted evidence of their claim.

With regard to the other parliamentary question, the Office of the Chief State Solicitor received a sworn affidavit from another party stating its claim for adverse possession against the company. On the basis of this new information, the Office of the Chief State Solicitor, in consultation with the Office of the Attorney General, advised that it would now appear that the property may not now have been vested in the Minister for Finance. For the avoidance of any doubt and without necessarily accepting that the property or any part of it has vested in the Minister for Finance, the State is now considering waiving whatever interest it has, if any, to this party.

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