Dáil Éireann Debate, Thursday - 25 June 2015
245. Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government the rationale regarding local authority members' consent on the disposal of assets within their jurisdiction but not the acquisition of property and so on; and if he will make a statement on the matter. [25497/15]
View answerInsofar as the Local Government Acts are concerned, section 11(7)(a) of the Local Government Act 2001 states that a local authority has power, inter alia, to acquire and dispose of land.
As regards the acquisition of land, section 149(4) of the 2001 Act states that every function of a local authority which is not a reserved function is, for the purposes of the Act, an executive function of an authority. In relation to the disposal of land, elected members are required to be notified, under section 183 (1) of the 2001 Act, of any proposal to dispose of land held by a local authority (not being by demise for a term not exceeding one year). Such notification shall include particulars of the land, the names of the persons from whom the land was acquired and to whom it is to be disposed of, and the consideration proposed in respect of the disposal. It is a matter for the local authority elected members, by resolution, to decide to amend the terms of the disposal or resolve that the disposal not be carried out. Should a local authority not pass such a resolution, then it is open to the local authority to carry out the disposal.
I consider these provisions to be reasonable and have no proposals for amendment in this regard.
