Enda Kenny (Mayo, Fine Gael)
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Question 496: To ask the Minister for Agriculture, Fisheries and Food the provisions allowing an agency under his aegis (details supplied) to operate a wind farm; if wind farming is among the agency's principal activities, contrary to the principals of an organisation acting [i]ultra vires[/i]; how the agency derives the legal authority to engage in wind farming as a business activity; and if he will make a statement on the matter. [35805/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Forestry Act 1988 provided for the establishment of Coillte Teoranta as a company to be registered under the Companies Acts. Section 12 of the Forestry Act 1988 provided inter alia that the principal objects of the company shall be stated in its memorandum of association to be: - to carry on the business of forestry and related activities on a commercial basis and in accordance with efficient silvicultural activities; - to establish and carry on woodland industries; - to participate with others in forestry and related activities consistent with its objects, designed to enhance the effective and profitable operation of the company; and - to utilise and manage the resources available to it in a manner consistent with the above objects. The vires of a statutory company, such as Coillte Teoranta, are governed both by its memorandum of association as registered in the Companies Registration Office and by the statute that has required or permitted the registration. As a commercial company, Coillte's remit includes the optimisation of the commercial potential of its assets and I am advised that the company has the capacity to engage in the development of wind farms and related activity on lands owned or leased by the company. End of Take