Written answers

Tuesday, 27 June 2017

Department of Education and Skills

Schools Property

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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195. To ask the Minister for Education and Skills if communication has been received from the Christian Brothers relating to a college (details supplied) on the question of the nature of the contract for the sale and development of lands; and if he will make a statement on the matter. [29543/17]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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197. To ask the Minister for Education and Skills if he has requested of the Christian Brothers with regard to the playing pitches at a college (details supplied) that they transfer the lands into his Department's ownership in lieu of some of their debt to the redress scheme; and if he will make a statement on the matter. [29545/17]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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198. To ask the Minister for Education and Skills his plans to consider the use of compulsory purchase orders for lands at colleges (details supplied) in order to secure their playing pitches and recreational facilities; and if he will make a statement on the matter. [29546/17]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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199. To ask the Minister for Education and Skills if the Christian Brothers have raised with him a requirement to pass the proposed sale of a school's (details supplied) playing pitches to the Charities Regulatory Authority for examination and approval in view of the fact that the Christian Brothers have indicated to the school board that this was the case; if this is a requirement of an education based charity that is disposing of assets; and if he will make a statement on the matter. [29548/17]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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I propose to take question Nos. 195 and 197 to 199, inclusive, together.

The Congregation of the Christian Brothers have not raised with me any requirement to pass the proposed sale of lands, currently used by a post-primary school as playing pitches, to the Charities Regulatory Authority for examination and approval.  Referral to the Charities Regulatory Authority is not a matter for my Department. The functions of the Charities Regulator are set out in the Charities Acts (as amended). It is a matter for the Congregation to comply with any relevant regulations in relation to land disposal.

In respect of the proposed disposal of lands adjacent to the post-primary school referred to by the Deputy, my Department understands from the Christian Brothers Congregation that the lands proposed for sale are the subject of contractual arrangement between the Congregation and a developer. My Department has written to the Christian Brothers Congregation seeking clarification on a number of points, including whether the land in question is now the subject of a legally-binding agreement. The Congregation have advised that they will reply to my Department in the coming weeks.

The Christian Brothers congregation has an outstanding redress contribution of €8.8 million. I appreciate that the Christian Brothers wish to follow through on their commitments, having already paid €21.2 million of their voluntary cash offer.  I would hope that the Congregation also takes educational needs fully into account during its deliberations.

In the case of the primary school referred to by the Deputy, the lands in question are owned by another Congregation. The lands proposed for sale are outside the boundary of the school site which has been agreed by the school patron.

My Department does not have statutory CPO powers. Given the cost of land acquisitions generally, where my Department has requested a local authority to purchase land under CPO, it has been for the purposes of constructing a new school building. I understand that the school communities referred to by the Deputy wish to retain the right to use the land in question for recreational purposes and playing pitches.

For the reasons stated above, a CPO would not be appropriate in the circumstances.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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196. To ask the Minister for Education and Skills his plans to question the Christian Brothers in respect of a college (details supplied) regarding the requirement and justification for a sale of lands reported to be to the value of €18 million in view of the fact that the Christian Brothers' debt to the redress scheme is just below €9 million; if he has inquired as to the way in which the balance of the money will be used in the event of the sale going ahead; and if he will make a statement on the matter. [29544/17]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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The Department became aware of the decision by the Congregation of Christian Brothers to sell lands owned by the Congregation.

In its correspondence in early May last, the Congregation advised that it was its intention to use part of the proceeds of the land disposal to meet its outstanding redress contribution relating to the voluntary offer it made in 2009 in response to the findings of the Ryan Report.

The Department has advised the Board of Management of the College which uses the land that it is not privy to the deliberations within the Congregation on why these particular lands were selected for disposal.

It is a matter for the Congregation as to how their commitment to the Redress Fund is met.

The Department has written to the Congregation seeking clarification on a number of points including whether the land in question is now subject of a legally binding agreement with a builder. The Congregation have replied indicating that they will respond in the coming weeks.

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