Dáil Éireann debate -
Tuesday, 30 Jun 1992

Vol. 421 No. 8

Adjournment Debate. - County Cork Land Sale.

Mr. Kelly

I wish to ask the Minister to carry out a full investigation into the sale of eight and a half acres of land by Cork County Council to a private citizen in the town of Kanturk in north Cork for the sum of £1,000, bearing in mind that this land had been bought by Cork County Council in 1987 for approximately £3,000 per acre. My objection to this sale is twofold. First, the money used to purchase this land was public money provided by the Department of the Environment for the installation of a new £3 million sewerage scheme in Kanturk, for which we are deeply grateful. It has been stated on behalf of Cork County Council that this land is being sold to the private individual in question in settlement of a possible legal action by the individual against Cork County Council. It is said that the alleged action arose as a result of flooding of the individual's land following work carried out by Cork County Council. I would like to put on record that I have lived in this area all my life and I can safely say that this individual's land has always been subject to flooding.

When I questioned this sale at a full meeting of Cork County Council held in Cork on Monday, 22 June, the council official who negotiated the sale admitted that he did not even get a consultant's report on the matter. The land in question is now in the possession of this private individual. I have been approached by many constituents in the area asking me to raise this matter in the House. A local sporting organisation, the Kanturk Soccer Club, were interested in purchasing the land as an amenity for the people of Kanturk. Had that club succeeded in their efforts to purchase the property a nominal price would not be unreasonable because the land would be held in community ownership and the public at large could benefit from it. However, notwithstanding this, Cork County Council preferred to make a gift of the land to a private citizen to the detriment of the community of Kanturk. This land should be held in public or community ownership for the benefit of the public at large and not sold at a loss to a private citizen. I trust that the Minister will not only investigate this matter but will ensure that the land does not pass into private ownership at the crazy price of £1,000.

Minister for the Environment (Mr. Smith)

The matter raised by Deputy Kelly is a land disposal which has now been submitted by Cork County Council in accordance with statutory requirements for my consent. The proposal was received in my Department yesterday, 29 June 1992.

Disposal of local authority property is governed by statute and is a matter for the local authority concerned in the first instance. The statute most commonly used is section 83 of the Local Government Act, 1946, which sets out a formal procedure to be adopted by local authorities in relation to the disposal of land. Under this procedure notice must be given to the elected members of the proposal to dispose of the land; and at the first meeting of the authority held after the expiration of ten clear days from the day on which the notices are sent, the members may resolve that the disposal shall not be carried out or that it shall be carried out in accordance with terms specified in the resolution. If they resolve that it is to be carried out in accordance with specified terms, the disposal may be carried out in accordance with such terms with the consent of the Minister. This proposal was approved by resolution of Cork County Council at their meeting on 8 June 1992 and is now before me for my consent.

When a proposal to dispose of land is received in my Department, it is examined firstly to ensure that the statutory procedures already outlined have been complied with. Secondly, the merits of the proposal are assessed. The main criterion in evaluating a proposal to dispose of land is the question of price and the need to ensure that the local authority are getting the best price reasonably obtainable in the public interest. In certain limited circumstances this criterion would be waived, where, for example, the land being disposed of was intended to provide a community facility such as a recreation centre which would serve the public interest in some way.

This proposal is for the disposal of 8.4 acres of land to a private individual for a nominal consideration. Its terms are quite unusual and it does not fall within the normal category of land disposal. Rather than a straightforward transaction of disposing of the land for its actual worth, it seems the intention is to transfer the 8.4 acres of land to a particular person in lieu of a compensation agreement reached between the council and the person concerned. The basis of the claim for compensation is apparently in respect of damage caused to his property arising out of work carried out by the council as part of the Kanturk sewerage and flood relief scheme.

The Deputy will appreciate that the proposal was only received in my Department yesterday. It is a complex matter which will require detailed examination and I will almost certainly be seeking further clarifications from the county council. I can assure the Deputy that all aspects of the proposal will be fully examined in my Department before I give my decision.