Written answers

Wednesday, 17 January 2018

Department of Public Expenditure and Reform

State Properties

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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68. To ask the Minister for Public Expenditure and Reform further to Parliamentary Question No. 91 of 23 November 2017, the position regarding lands at a location (details supplied) for which Fingal County Council has sought a deed of waiver in order to transfer the land to Fingal County Council ownership; the timeframe for his Department to make a decision and respond to the council; and if he will make a statement on the matter. [2250/18]

Photo of Kevin  MoranKevin Moran (Longford-Westmeath, Independent)
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Under section 28(2) of the State Property Act, 1954, land vested in or held in trust for a body corporate immediately prior to its dissolution, (other than land held by such body in trust for another person) becomes property of the State in the person of the Minister for Public Expenditure and Reform. The interest acquired by the Minister is described as a defeasible interest as it may be defeated by restoration of the company up to 20 years after dissolution.

The Minister for Public Expenditure and Reform has the discretion, under section 31 of the State Property Act 1954, to waive property that has devolved to the State under section 28, if he believes it is proper to do so having regard to all the circumstances of the case.

I can confirm that an application for waiver of this property has been made by Fingal County Council since my reply to your previous parliamentary question on 23 November 2017. A response to Fingal County Council will issue shortly outlining any additional requirements before a full consideration of the waiver application can be made.

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