In response to the previous Parliamentary Question in this case (PQ 146 of 2020) my officials advised that the matter had been referred to the Chief State Solicitor’s Office (CSSO) for advice and that correspondence would follow.
I am advised that the CSSO emailed the applicant’s solicitor, O’Donoghues Solicitors of Langford Street, Killorglin, Co. Kerry, on 23rd June 2020, enclosing a letter of the same date and advising that the Minister had no power under the State Property Act 1954 to provide the requested Indenture of Lease, but did have the power of waiver of the Minister's interest (if any) in certain circumstances. This letter requested further information in respect of the application. No reply was received to this letter. On the 1st July 2020 the CSSO again wrote to the applicant’s solicitor, this time by DX, again enclosing a copy of the letter of 23rd June 2020 and requesting a response. To date no response has been received.
When a response is received to the CSSO’s letter of 23rd June 2020 it may be possible to progress this case, but the requested solution of an Indenture of Lease is not one available to the Minister.