Written answers
Wednesday, 19 March 2025
Department of Public Expenditure and Reform
Departmental Properties
George Lawlor (Wexford, Labour)
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465. To ask the Minister for Public Expenditure and Reform if lands formerly held by a company (details supplied) became State lands and vested in the Minister, pursuant to section 28 of the State Property Act 1954, on the dissolution of that company on 19 October 2007; if so, to outline his proposals in relation to the future of the lands; if he and his officers will engage with Wexford County Council to discuss the matter and agree a way forward; and if he will make a statement on the matter. [11197/25]
Kevin Moran (Longford-Westmeath, Independent)
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I am informed by the Commissioners of Public Works (OPW) that Section 28 of the State Property Act 1954 (the Act) provides that property held by a company at the time of its dissolution becomes state property, in the name of the Minister for Public Expenditure; National Plan Delivery and Reform (the Minister), unless it was held on trust for another. The OPW deals with legal/ownership issues arising on real property (land / buildings) that devolves to the Minister under the Act. This provision mainly exists to ensure that land is not ownerless. The OPW, or the Minister, does not occupy or take control of what is a large volume of property that falls under this heading.
The OPW cannot conclusively establish if property which was registered to the company referred to has vested in the Minister. The company has been dissolved since 19th October 2007 and can be restored to the Companies Register up to 20 years after that date. If restored any property it held will revert to the company as if it had never been dissolved. Any interest that may currently be held by the Minister is defeasible by restoration.
The Minister has limited powers under the Act but he can, under Section 31, waive any interest he has to another if appropriate in all of the circumstances. The Minister has in the past waived his interest in properties to Local Authorities and the OPW, on behalf of the Minister, is always willing to engage with any Local Authority to try to resolve issues arising with property of dissolved companies.
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