The indemnity agreement provided that the property contribution of the congregations was to be divided into two separate and distinct parts. One was property to be transferred from the congregations to the State, State agencies, local authorities or voluntary organisations after the date of the signing of the indemnity agreement on 5 June 2002. The value of these property transfers for the purposes of the indemnity agreement was to be €36.54 million.
The other part was property transferred from the congregations to the State, State agencies, local authorities or voluntary organisations between 11 May 1999 and the date of the signing of the indemnity agreement on 5 June 2002. The value of these property transfers for the purposes of the indemnity agreement was to be €40.32 million.
It is not the case however that the property aspect of the indemnity agreement was to be completed by 30 April 2003. Under the terms of the agreement signed on 5 June 2002 the State had a period of nine months to consider the properties offered by the religious congregations in respect of the "properties to be transferred" list.
On 5 March 2003, officials at the residential institutions redress unit of my Department requested a further period of two months to give further consideration to a number of the proper ties on offer. CORI agreed to this request. Following further examination of the properties on offer, officials at my Department informed CORI's legal representatives that the State was prepared in principle to accept a fee simple interest in 34 of the properties offered. These properties have been valued by the congregations at €22.6 million. As indicated previously, the target amount for this schedule is €36.54 million. Eight other properties were rejected on the basis that no benefit to the State could be identified by acquiring a title. Three properties are still under consideration.
Section 8 of the agreement states that in the event that the State party rejects a property offered, the religious congregation has the right to replace the property with an alternative property or cash sum equivalent. CORI has submitted a schedule of alternative properties which the congregations propose to offer the State in place of the properties it has declined. These are being considered by officials at my Department to establish if any benefit will accrue to the State by accepting them. My Department will respond to the offer of these properties in the near future.
As negotiations are ongoing and the issue is commercially sensitive, I do not intend giving details of the identity of the properties concerned at this stage. When agreement is reached, a list of the properties will be made available.
There is not a time limit of nine months on the schedule entitled "properties already transferred". Officials from my Department have sought additional information from CORI to ensure that each of these properties qualifies under the criteria laid down in the indemnity agreement regarding valuation, title and restriction on transfer for a 25 year period. To date none of the properties on this list has been accepted.
I share the Deputy's concern about having the property aspect of the indemnity agreement concluded as soon as possible. However, my paramount concern is that the State only accepts properties that will provide a material benefit. In addition to this I must ensure that properties the congregations maintain were transferred to the State, State bodies or voluntary organisations qualify in accordance with the terms of the indemnity agreement.