asked the Minister for Local Government if local authorities are enabled to make bye-laws precluding persons who have not been five years resident in a local authority area up to the date of sale from purchasing a vested cottage in the area.
Ceisteanna—Questions. Oral Answers. - Purchase of Vested Cottages.
42.
There is no statutory provision which specifically enables a local authority to make such a bye-law. Section 17 (2) (d) (iii) of the Labourers Act, 1936, provides that the sale of a vested cottage is subject to the consent of the housing authority.
Can the Minister say if the bye-law referred to in the Question can legally be put into operation by a local authority?
I do not think there is any straight "yes" or "no" answer to that question and therefore I am not prepared to give such an answer.
Surely the Minister should be able to say whether or not the Act under which the vesting is carried out gives authority to a local authority to lay down regulations that a person must have been living for five years in the area? Surely it is putting a border around every county?
The circumstances in all cases and in each county or housing authority may not always be the same. Therefore, the answer "yes" or "no" is not appropriate to such a question.