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Dáil Éireann debate -
Wednesday, 23 Oct 1957

Vol. 164 No. 1

Ceisteanna—Questions. Oral Answers. - Cork State Lands.

asked the Minister for Finance if he is aware that large areas of State lands comprising folio Nos. 743, 3314, 3775, 5033, 18839 and 19058 in the Billereagh and Kilworth districts of County Cork are at present registered in the Land Registry as the property of the British Principal Secretary of State for War, and, if so, if he will state the reason for State lands remaining under such registration; and, further, if he will ensure that these lands are properly transferred and registered as the property of the State.

I am aware that the lands comprising folio Nos. 743, 3314, 3775, 5033, 18839 and 19058 are registered in the Land Registry as the property of the British Principal Secretary of State for War. In 1922 these lands were vested in Saorstát Éireann under Article XI of the Constitution. There was, however, a doubt as to which State authority was the legal successor in title to the British Secretary of State for War and consequently it was not feasible to have the land registered in the Land Registry as the property of any particular State authority. This doubt continued until the passing of the State Property Act, 1954.

Sub-section (5) (1) of that Act provides that all land which immediately before the date of the passing of the Act was State land and was not then vested in a State authority should stand vested in the Minister for Finance. The fact that such lands are registered in the Land Registry as the property of a British authority is of no practical disadvantage in relation to the ownership, management or disposal of the lands. It is proposed, however, for convenience of administration, to have such State lands vested under Section 7 of the State Property Act, 1954, in the State authority by whom they are administered. Steps will be taken, as opportunity offers, to have such lands registered in the Land Registry as the property of the State authorities in whom they are ultimately vested.

About time, too, after 30 years.

Would the Minister say whether the ownership of these lands was un-Irish ownership since 1932?

There was certainly no doubt about the ownership, I think.

They were too lazy to change it.

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