Written answers

Tuesday, 3 July 2018

Department of Public Expenditure and Reform

State Properties

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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93. To ask the Minister for Public Expenditure and Reform if a land folio (details supplied) will be released to Sligo County Council in order to enable the community in the area to develop playground facilities; and if he will make a statement on the matter. [28953/18]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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Under Section 28 of the State Property Act 1954 property held by a company at the time of its dissolution becomes vested in the State in the name of the Minister for Public Expenditure and Reform. This excludes property held by the company, in trust, for another. The Minister for Public Expenditure and Reform holds what is often termed a defeasible interest as the company may be restored to the Companies Register within a period of 20 years after its dissolution, and if so the property reverts to it as if the company had never been dissolved. The Minister for Public Expenditure and Reform does have the power to waive his interest to a person if he thinks this would be proper in all the circumstances of the case.

The Chief State Solicitor's Office (CSSO) did receive correspondence, regarding the property referred to, from solicitors acting on behalf of Sligo County Council. The CSSO, having consulted with the Office of Public Works, have now set out to the solicitors for Sligo County Council the information to be supplied in support of an application for a waiver of the Minister's interest. When this information is supplied and all necessary due diligence completed the application for a waiver will be assessed to see if it merits a recommendation to the Minister to waive the property to the Council.

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