The Minister of State, Deputy Niall Collins, has informed me that he wishes to make a personal statement to the House pursuant to Standing Order 56.
Personal Explanation by Minister of State
I thank the Ceann Comhairle for the opportunity to address the recent focus and speculation regarding the sale by Limerick County Council of land in Patrickswell, County Limerick, in 2008. I am in absolutely no doubt that my actions in respect of this matter were at all times legally correct.
I was a member of Limerick County Council up to my election to Dáil Eireann in May 2007. The question of the potential sale of the property in question at Main Street in Patrickswell was brought before the Bruff area committee meeting by the council executive on 15 January 2007, which I attended. The question of the potential sale of the property followed various expressions of interest by members of the public. One of the persons who had expressed an interest in the property to the director of housing services at Limerick County Council by a letter from her solicitor was Dr. Eimear O’Connor, who is also my wife. It was agreed at the area committee meeting that the property should be sold on the open market. There was no vote taken and no disagreement to the proposal by the council executive.
It is important to state that an area committee of a local authority, which in the case of the Bruff area committee included only seven councillors, does not have disposal rights in regard to the sale of council property. This is a reserved and statutory function of the full county council by law. Subsequently, the council’s executive appointed an independent auctioneer as the council’s agent to conduct a sale of the property on the open market and to sell the site subject to outline planning permission being granted. The property was then marketed for sale by the auctioneer including advertisements in the local newspapers inviting offers for the property.
I have seen the documents released by Limerick County Council under the Freedom of Information Act. It would appear that a number of offers were received through the auctioneer for the property over a period of at least six months ranging from €110,000 to €125,000 and, ultimately, a final offer of €148,000. That final offer was notified by letter dated 14 September 2007 from the independent auctioneer to the senior engineer of the council that the property should be sold at that price with the proviso that it was subject to contract-contract denied, outline planning permission and the approval of Limerick County Council. At its full meeting on 22 September 2008, the council approved the sale of the property for the sum of €148,000, particulars of which were contained in statutory notice dated 1 September 2008. There was no disagreement to the proposal in the statutory notice. The purchaser and highest bidder was my wife, Dr. Eimear O’Connor.
It is clear from the foregoing that the property went on sale on the open market with an independent auctioneer appointed by the county council. Anyone could have bid on the property and indeed a number of offers were received over a period of six months or so. The bid from Dr. Eimear O’Connor was the highest bid and the executive of the council was satisfied to bring the recommendation from the auctioneer to the full county council for disposal. This recommendation was brought to the full council in accordance with the statutory process a further 12 months later in September 2008, and all done in full transparency.
The statutory process is clearly set out in section 183 of the Local Government Act 2001.
Prior to the disposal of the property in September 2008, and in accordance with the instruction to the auctioneer by the council, my wife - as the highest bidder - submitted an application for planning permission in December 2007 to build a two-storey building comprising a ground floor medical centre and first floor offices. The council granted conditional permission for the development on 9 June 2008. On 26 August 2008, the senior engineer for Limerick County Council formally recommended the sale of the site. This was followed by Limerick County Council issuing a notice for the disposal of the site on 1 September, ahead of a full county council meeting on 22 September 2008 when the sale of the land for €148,000 was approved. For the record, I was not a member of Limerick County Council in September 2008, having been elected as a Deputy in May 2007. When the council executive recommended to the Bruff area committee that the property should be put up for sale in January 2007, neither I nor my wife had any pecuniary or beneficial interest in that property.
In hindsight, and given the focus and perception among some that have arisen in 2023, some 15 years later, it would have been better had I not participated in the local area committee meeting in January 2007, even though it is absolutely clear that my wife did not benefit in any way from my attendance at the January 2007 meeting. However, when I did attend, it was my full understanding, and it remains the same today, that I was not participating in a discussion or a decision that in any way contravened the Local Government Act 2001. No law was broken and I did not participate in any decision that authorised the sale of this land. This could only be done by the full county council in accordance with the statutory process. This occurred more than 18 months later, when I was no longer a member of Limerick County Council. I thank the Ceann Comhairle for giving me the opportunity to address this matter today.
The Minister of State did not really answer the question.
He never had any intention of answering it.
Please. We do not need any commentary.