Written answers

Thursday, 24 September 2015

Department of Justice and Equality

Courts Service

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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141. To ask the Minister for Justice and Equality the extent to which a backlog currently exists in the arbitration section of her Department, which is detrimentally affecting applications for compulsory purchase orders-wayleaves, arising from which disputes have been referred for arbitration; her plans to augment the staffing at that level as it appears that an arbitrator exists for the entire country, resulting in severe delays in respect of property transactions referred to that section; her plans for remedial action; and if she will make a statement on the matter. [32678/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy may be aware, when the State compulsorily acquires land for public purposes and there is a dispute between the vendor and the purchaser regarding the amount of compensation which should be paid, the vendor may apply to the Land Values Reference Committee for the appointment of a Property Arbitrator to arbitrate on the amount to be paid.

The Land Values Reference Committee was established by the Acquisition of Land (Assessment of Compensation) Act, 1919 and reconstituted by the Committee consists of the Chief Justice, the President of the High Court and the President of the Society of Chartered Surveyors of Ireland. Under the Property Values (Arbitration and Appeals) Act 1960, the Reference Committee may appoint one or more persons as Property Arbitrators.

In order to be of assistance to the Deputy, I have made enquiries and the Courts Service has informed me that there has been a substantial reduction in the number of applications to the Land Values Reference Committee in recent years from 180 application in 2008 to 41 applications in 2014 and 27 to date in 2015. I am informed that the current waiting time for a hearing date for applications to the Land Values Reference Committee is 11 months. However, as all property arbitrations are required by law to be held in public and often require the presentation of oral evidence, delays in many cases can arise due to availability of parties and witnesses.

The Courts Service has informed me that there is there is currently one full-time property arbitrator. Following a competitive process conducted by the Courts Service on behalf of the Land Values Reference Committee, seven temporary part-time arbitrators have been appointed who are available to be nominated to act in cases in which the Property Arbitrator is unable to act. The Courts Service understands that the above resources are sufficient to meet current levels of demand.

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