Written answers
Thursday, 22 October 2020
Department of Public Expenditure and Reform
Land Issues
Dara Calleary (Mayo, Fianna Fail)
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69. To ask the Minister for Public Expenditure and Reform if his Department has ownership of an asset (details supplied) following the dissolution of a community based company; and the details of the procedure for a community group to apply for ownership of that asset. [32105/20]
Patrick O'Donovan (Limerick County, Fine Gael)
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I understand from my officials that Section 28(2) of the State Property Act 1954 provides that land held by a company at the time of its dissolution devolves to the State in the name of the Minister for Public Expenditure and Reform.An exception to this is where the land was held in trust for another.
It should be noted that the Minister's interest is defeasible by company restoration.Section 738 of the Companies Act 2014 provides for the restoration of a company to the Companies Register and Section 738(3) provides that a company shall be deemed to have continued in existence as if it had not been struck off the Register. Restoration of the company is the direct way to put the property back in the ownership of the company.
Section 31 of the State Property Act 1954 provides for the waiver by the Minister for Public Expenditure and Reform of the State's interest to a person, if he thinks it would be proper in all of the circumstances.
The Office of Public Works, advised by the Chief State Solicitors Office, processes applications for waivers on behalf of the Minister.The applicants are advised to seek independent legal advice in this matter.
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