Catherine Murphy (Kildare North, Social Democrats)
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207. To ask the Minister for Housing, Planning, and Local Government in instances in which his Department is funding the sale of the site back to a local authority for social housing, if he will outline the procedures that are in place to ensure there are no conflicts of interest in respect of the transaction; and if he will set out the due diligence his Department undertakes in respect of funding being released to local authorities for the purchase of lands that will be used for the construction of social housing. [20268/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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As independent corporate entities, local authorities have the power to acquire land for the purposes of performing any of their functions, including, for example, to facilitate the implementation of their development plan or housing strategy. The acquisition of land is therefore a function of a local authority.

Part 15 of the Local Government Act 2001 (as amended) sets out the ethical framework for the local government service which applies to members of a local authority as well as to certain employees. S.169 of the Act provides for the related Code of Conduct for Councillors and Code of Conduct for Local Authority Employees and sets out the role and responsibilities of the Ethics Registrar, as well as the responsibilities of members and certain employees to make an annual written declaration of their declarable interests. The 2011 Act and the codes of conduct set down clear instructions in relation to conflicts of interest. Legal responsibility for compliance with these requirements rests with each individual councillor. Section 174 of the 2001 Act also sets down the procedure to be followed within the local authority where the Ethics Registrar becomes aware of a possible contravention of the ethical framework, a process in which there no role for the Minister.