asked the Minister for Health if he will state, in relation to section 36 (1) (b) of the Health Act, 1970, and in respect of each health authority which has sought ministerial approval to terms for disposal of surplus land (a) the area of land vested in or owned by each authority and (b) the area of such land situated within the area of each rating authority concerned as at 31 December, 1969; if he will give an estimate of the value of such land, the value per acre and the areas designated to be transferred on the commencement of section 6 of the Act.
Written Answers.
25.
I presume the Deputy's question relates primarily to mental hospital land.
Five authorities as follows have submitted for my approval proposals to dispose of surplus land:—
|
Authority concerned |
Total area of mental hospital land owned |
Area and estimated value of land for disposal |
|
Dublin Health Authority |
77 acres in Dublin City 1014 acres in Dublin County |
631 acres in Dublin County; estimated value approximately £250,000. |
|
Donegal County Council |
255 acres |
3 acres approximately; estimated value £2,900. |
|
Longford, Meath, Westmeath Mental Health Board |
431 acres in Westmeath |
8 acres approximately; estimated value £5,280. |
|
Leitrim-Sligo Mental Health Board |
393 acres in Sligo |
8 acres approximately and buildings thereon; estimated value £6,400. |
|
Galway-Roscommon Mental Health Board |
350 acres in Galway and 327 in Roscommon |
3 acres approximately; estimated value £650. |
As regards the second part of the Deputy's question, attention is drawn to the reply to his similar question on 3rd June, 1970.
Apart from these proposals as outlined above, some inquiries have been received as to my attitude to the disposal of land prior to the establishment of health boards in accordance with the provisions of the Health Act, 1970. Under section 89 of the Health Act, 1947, the proceeds of the sale of any land, so far as such proceeds are capital money, must be applied to a purpose to which capital money may properly be applied by the authority concerned. In the case of Dublin, Cork, Limerick and Waterford Health Authorities and of a joint mental health board this means, in effect, that the proceeds must be applied to capital expenditure on health services. In the case of a health authority which is a county council the proceeds may, if the Minister for Health so agrees, be applied instead to any other purpose to which capital money may properly be applied by the council.
The intention of the Health Act, 1970, is that all health property of local authorities (including land) will be vested in the new health boards. Where the authority is a specialist health body, such as a joint mental health board, this in practice will mean all the property of the body. There is no provision in the Act for property of a mental health board to be transferred to a county council which appointed some of its members.
The effect of these provisions is that, if a county council owns surplus mental hospital land and retains this after the health boards take over responsibility for the services, it can apply the proceeds to another capital purpose, but that a county council which has up to now not owned any mental hospital land cannot have any such asset for diversion in this way. However, all county councils will still, under section 32 (3) of the 1970 Act, be obliged to contribute an appropriate share of the cost, current and capital, of the health services. It seems to me reasonable that where, by a historical accident, a county council now finds itself in a position to divert a health asset to another purpose, this should be borne in mind in deciding on the allocation, under section 32 (3) of the Act, of the local share of a health board's expenses as between that council and the other rating authorities appointing members to the board. I intend to ask rating authorities to bear this factor in mind in considering any agreements under that subsection. If, in any case, there is disagreement on the proportion for local contributions and it falls to me to appoint a person to make a determination, I will include the position as respects any diversion to non-health purposes of capital assets in the specification under section 32 (6) of matters to which he will have regard.