Written answers

Thursday, 8 July 2010

Department of Finance

Departmental Properties

10:00 pm

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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Question 87: To ask the Minister for Finance if progress will be reported by the Chief State Solicitor's Office or the Office of Public Works in relation to a request (details supplied); if all legal issues have been resolved; and if this case has been sent to him to consider waiving his interest. [30922/10]

Photo of Martin ManserghMartin Mansergh (Tipperary South, Fianna Fail)
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The Commissioners of Public Works on behalf of the Department of Finance are responsible for management of property under Sections 28,29,30 and 31 of the State Property Act. As a result of companies being dissolved either voluntarily or as a result of being struck off the Companies Register, the assets of the company become vested in the Minister for Finance. The Minister for Finance can, if appropriate, waive his interest in property under Section 28 of the Act. The Chief State Solicitor's Office has been in contact with the 18th Santry Scouts with regard to their application. They have also contacted Dublin City Council with a view to the Council taking the entire green area in charge (including the Community Centre/Scouts Den) to facilitate the 18th Santry Scouts' request.

The Chief State Solicitor's Office have requested that the Council meet with the Scout Group and come to an agreement. The Scouts legal representative have requested that this office do not make a decision on the granting of a Waiver, until they can 'establish the correct mechanism for securing our client's interest' with the Council. The Chief State Solicitor's Office are awaiting an official response from the Council and the Scouts' legal representative, at which stage they will advise the Commissioners of Public Works.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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Question 88: To ask the Minister for Finance the position regarding an application for deed of waiver (details supplied) being processed through The Chief State Solicitor's Office; and when approval will be expected. [30923/10]

Photo of Martin ManserghMartin Mansergh (Tipperary South, Fianna Fail)
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The Commissioners of Public Works on behalf of the Department of Finance are responsible for management of property under Sections 28,29,30 and 31 of the State Property Act As a result of companies being dissolved, either voluntarily or as a result of being struck off the Companies Register, the assets of the company become vested in the Minister for Finance. The Minister for Finance can, if appropriate, waive his interest in property under Section 28 of the Act.

The Chief State Solicitor's Office have recently advised the Solicitor for Ailesbury Complex Management Company Limited that the property in Folio DN67464F had not been vested in the State, and accordingly it was not possible for the Minister for Finance to grant a waiver of the property under Section 31 of the State Property Act, 1954.

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