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State Properties

Dáil Éireann Debate, Tuesday - 16 October 2018

Tuesday, 16 October 2018

Questions (193)

Róisín Shortall

Question:

193. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform further to Parliamentary Questions Nos. 91 of 23 November 2017, 68 of 17 January 2018 and 187 of 21 March 2018, the status of lands at a location (details supplied) for which Fingal County Council has sought a deed of waiver to transfer the land to its ownership; the timeframe for his Department to make a decision and respond to the council; and if he will make a statement on the matter. [42347/18]

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Written answers

Under Section 28(2) of the State Property Act, 1954, land vested in or held in trust for a body corporate immediately prior to its dissolution, (other than land held by such body in trust for another person) becomes property of the State in the person of the Minister for Public Expenditure and Reform. The interest acquired by the Minister is described as a defeasible interest as it may be defeated by restoration of the company up to 20 years after dissolution.

The Minister for Public Expenditure and Reform has the discretion, under Section 31 of the State Property Act 1954, to waive property that has devolved to the State under Section 28, if he believes it is proper to do so having regard to all the circumstances of the case.

As the Deputy is aware an application for waiver of the property referred to has been made by Fingal County Council. Processing of waiver applications can be complex and take some time to conclude. This waiver application is not just in respect of the piece of property referenced here; and this has contributed to the length of time this is taking to conclude. Fingal County Council provided further documentation at the beginning of this month (October 2018) in support of its application and this is currently being reviewed by the Chief State Solicitor's Office. I am informed that this application is now at an advanced stage and that a decision can be made shortly.

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