asked the Minister for the Environment the average length of time taken to process a compulsory purchase order on land required for building purposes in (a) Dublin city, (b) the rest of Ireland; and if he will introduce the necessary legislation to expedite this process.
Ceisteanna—Questions. Oral Answers. - Compulsory Purchase Orders.
16.
Since the time taken to process compulsory purchase orders varies very considerably and the number of such orders is not very great in Dublin city or elsewhere, average figures are not very meaningful. Furthermore, acquisition of land for housing purposes normally involves a public local inquiry in the case of Dublin orders, whereas about two-thirds of the orders relating to other areas do not and have been processed in periods of between two and six months. For what it is worth, in recent years, housing orders in these other areas have taken an average period of about eight months when an inquiry was involved and about twice that period for orders relating to Dublin city sites.
I have been having the question of legislation examined as some improvement in compulsory purchase procedure may be necessary. However, as I have explained in reply to a previous question, the possibilities for introducing a more expeditious procedure are severely limited, having regard to constitutional requirements and unavoidable procedural processes.
The fact that Dublin housing orders take longer than housing orders elsewhere is not surprising. Even small parcels of city land raise complex issues and may involve numerous plots and interests. In other areas, processing orders does not usually take as much time because, although there are exceptions, the issues tend to be simpler and the interests fewer.
There is clearly another defect in the Constitution, but is it likely that a CPO could take anything up to five years in the city?
I am not aware of one taking up to five years.
Is it not evident that there is a necessity for a new procedure where there are a multiplicity of owners of plots of land, many of them not knowing the plots of land? Would the Minister be prepared to introduce legislation which would enable these plots to be acquired where the owner is not known on the basis that the necessary money is set aside and can be subsequently claimed, or otherwise we will never get through this? In so far as any such legislation turns out to be unconstitutional, would the Minister not agree that it should be tested and that the advice consistently given in his Department that actions of this kind are unconstitutional should not be left lie preventing development, that we should test whether it is constitutional or not, and if it is not constitutional, initiate the necessary change in the Constitution to prevent the public interest being inhibited in this way?
I am having the question of legislation examined at this time and I will certainly have the possibility of doing something about it examined.
The Bill could be referred to the Supreme Court and if it is found unconstitutional the necessary action could be taken to put the matter right.
I will have the matter examined in the context of the legislation.
I welcome the fact that this legislation is being reviewed. Can the Minister indicate when we will have the benefits of the review of this legislation and if the review of the legislation will extend to the Arbitration Acts which cover the costs of land acquisition, or is it simply on the compulsory purchase legislation itself?
These are separate questions.
The entire CPO procedure is being examined at present. Naturally it would include the arbitration side of it which is part of the CPO procedure.
Could the Minister give any indication of time?
Not at this stage.
In the context of the review which the Minister has told us on a number of occasions is under way will he also have a look at the liaison between local authorities and his Department, because the implication of the Minister's earlier reply was that the delays boil down basically to the question of multiple ownership and that would not be quite accurate. Is the Minister aware that, for the last six to seven months, a CPO in his Department is being delayed purely on the basis of small technicalities? I am talking about Portland Place. Therefore it would appear that all of the delays do not boil down to multi-owner situations.
Not all, but it is a problem in the Dublin area. If the Deputy will give me some particulars on the specific one about which he is talking I will have it looked at.
I did, and the Minister courteously acknowledged it, but my point is that when the Minister is reviewing this aspect he should examine the liaison between his Department and local authorities.
Question No. 17.
I will have the matter investigated in an effort to hasten the whole procedural aspect.
Might I ask the Minister——
I am calling Question No. 17.