Written answers

Tuesday, 5 July 2022

Department of Education and Skills

School Accommodation

Photo of Darren O'RourkeDarren O'Rourke (Meath East, Sinn Fein)
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353. To ask the Minister for Education and Skills the precise details of the charging lease in respect of a school (details supplied); if the charging lease included a provision for present and future advances or a like provision; the amount that she decided to forgo to the Exchequer by agreeing not to seek repayment of same; and if she will make a statement on the matter. [35884/22]

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail)
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The Charging Lease was entered into on 17 November 1955 between the lessor, the diocesan trust, a number of trustees and the Minister for Education for 99 years. The purpose of the lease was for the provision of part capital funding by the Minister for building and erecting a national school. Under the lease my predecessor as Minister for Education had approved funding of £5,180 pounds sterling. This approximates to a value of €6,579. The lease also makes reference to such further sums which the Minister may make available for additions or improvements to the said school. From the records available to my Department there is no record of other capital funding of any significant amounts being provided to the school.

My Department would not seek repayment of the monies provided as long as the building continued to be used for the provision of national school education for the duration of the lease. The long standing practice of my Department when a request for surrender of the lease in advance of the term is to allow credit for the period of the lease that has already elapsed and calculate the balance of the monies remaining. In this case my Department calculated this as €2,259 as 65 years of the 99 year lease had expired.

In view of the passage of time since the lease was entered and the fact that the school building has enabled education to be provided for 65 years my Department did not seek the repayment of the calculated balance remaining of €2,259.

Photo of Darren O'RourkeDarren O'Rourke (Meath East, Sinn Fein)
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354. To ask the Minister for Education and Skills the reason she did not insist on the provision of an independent valuation in respect of the proposed disposal of a school (details supplied); and if she will make a statement on the matter. [35885/22]

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail)
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Traditionally the interest of the State in respect of capital expenditure on privately owned properties used as schools were secured by way of charging leases. Where the property ceases to be used as a school the owner can seek to have the charging lease terminated. Such applications are considered by my Department on a case by case basis. Some of the factors which my Department would have regard to in considering such an application are the current and future education requirements for the area in which the property is located, and the level of capital expenditure by my Department on the school. While these are some of the factors which my Department may consider other factors may also be considered in specific circumstances.

As previously advised, in general the necessity for a valuation would not arise if a patron is seeking termination of a charging lease.  In this case my Department had regard to the level of capital funding previously provided to the school as there was a charge over the school based on this funding. This was one of the issues to be considered and not the current market value of the property.

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