asked the Minister for the Environment if he intends amending the legislation on compulsory acquisition to expedite acquisition of development land by local authorities.
Ceisteanna — Questions. Oral Answers. - Compulsory Land Acquisition.
9.
The consolidation and amendment of compulsory purchase legislation is under active consideration in my Department. However, there are still major legal and constitutional questions to be settled. In addition, the Joint Committee on Building Land are considering measures to deal with the question of the supply and cost of building land generally and are expected to report before 31 March next. Accordingly, I would prefer to await the recommendations of the committee before considering further any proposals for updating compulsory purchase law.
Is the Minister aware of the proposals contained in what is popularly known as the Kenny Report? The Committee on the Price of Building Land reported in March 1973. Is the Minister aware of that report?
I am.
Is the Minister aware of the proposals it contains for changes in CPO legislation? If so, could he inform the House as to whether he intends introducing the changes proposed? Does he accept that there is need for urgent change in this legislation?
If I had said that I would not wait for the report of the Joint Committee of which Deputy Molloy is chairman, I am sure he would not have been satisfied either. There has been a comprehensive review of compulsory purchase law initiated in the Department since July 1981 with a view to identifying measures which would streamline and speed up the process. Compulsory purchase law is complex and is scattered throughout enactments dating from 1845. The provisions of the Constitution in regard to property rights and the requirements of natural justice place restrictions on the measures which may be adopted to reform the CPO law. Tentative proposals for reform were worked out in the Department in 1981, taking account of the legal and constitutional constraints. The advice of the Attorney General on these proposals was requested before deciding how best to proceed. The advice of the Attorney General was requested on 20 October 1981 and numerous reminders have been issued by various Ministers for the Environment. The advice has not yet been received.
Is the Minister not aware that he and his Government did not show any sensitive concern for the deliberations of the Joint Committee on Building Land when they decided to proceed with changes in the Planning Acts which were also under consideration by this committee? It is a little unfair of the Minister to suggest that no matter what answer he gave he would be questioned in regard to CPOs. The proposals were made public in March 1973.
That is not a question; it is a statement.
The excuse that he is awaiting for the report of the committee should not delay him in proceeding because it did not stop the Government proceeding with the changes in the Planning Act.
It is not an excuse. It is a courtesy to the committee.
There was no similar courtesy with regard to changes in the Planning Act.