Enda Kenny
Question:316 Mr. E. Kenny asked the Minister for Agriculture, Food and Forestry if he will make a statement on the division of a commonage (details supplied) in County Mayo; and if he will make a statement on the matter. [484/94]
Written Answers. - County Mayo Commonage.
As not all of the shareholders in this commonage wish to have it divided, it can only be divided using compulsory procedures. The extent of the Land Commission involvement in this commonage to date has been to receive the application for the division and to conduct a preliminary examination of the commonage to ascertain what a division of the commonage would entail.
The Land Commission is still awaiting the final result of an appeal to the High Court against a decision of the Lay Commissioners confirming a scheme to divide another commonage in County Mayo using compulsory procedures. In 1992 the court directed that certain matters in the Mayo case, including the question of compliance with planning legislation, should be clarified before the case was returned to the court. The matter was referred to An Bord Pleanála, and the decision of An Bord Pleanála, which was delivered last year, was appealed to the High Court. This second appeal must be concluded before the original appeal is resolved. This is the first time that the legislation used in the compulsory division of commonages has been referred to the High Court and the Land Commission will reassess the procedures it uses in these cases in the light of the judgment of the court. In the meantime if the shareholders reach agreement on the question of division they may apply to their local Land Commission office for assistance in dividing the commonage using voluntary procedures.