: I move amendment No. 34:
In page 30, subsection (2), line 4, to delete "(c)" and substitute "(d)".
The purpose of this amendment is to correct a clerical error. The paragraph which is being added is to follow paragraph (c) and, obviously, it must be numbered (d).
: I move amendment No. 34a.:
In page 30, between lines 5 and 6, to insert the following subsection:
"(3) The company shall have power to sell any land it no longer requires."
This amendment is to add a very short subsection to the end of the section to give the company power to sell any land or property it no longer requires. It is given specific power in the section to acquire land and it is given a whole list of powers in an earlier section—a page or more of them—but it is not given the obvious power it should have to dispose of land. A company of this kind does not have this power unless it is specifically given it. It is not a residual power. It has to be given it specifically. To put the matter beyond doubt that should be done.
The company will have some holdings of land and buildings vested in it by the transfer and it will not need them for all time. It would be appropriate that it should be able to sell what it does not need. It will have land all over the country, particularly in the vicinity of airports. It should be able to sell the land to people who are prepared to but it or it should be able to sell it to Aer Rianta if Aer Rianta wants to extend an airport.
: I refer Deputy O'Malley to section 14 (3) which provides that the company will be able, like any commercial company, to acquire and dispose of land. The purpose of section 42 is to enable the company to avail of the Minister's compulsory purchase powers in connection with land it requires for its functions and which it cannot purchase in the normal way. It is only in circumstances in which the company is unable to acquire the land in the normal way that it would resort to the use of the procedures set out in section 42. As there is no hindrance or bar on the company from disposing of land, the proposed amendment is unnecessary, based on the facilities that any company has and what this Bill states shall be the role of the company. Perhaps Deputy O'Malley might reflect on it and withdraw it.
: Is the amendment being pressed?
: There is nothing in section 14 (3) which gives power of sale. The specific powers of the company are set out as the principal objects in section 14 (1). It is two pages long.
: Section 14 (3) states that the company shall have power to do anything——
: If that provision is as all embracing as suggested, why is it necessary to set out at such exceptional length in section 14 (1) what the company can do? Dozens of the objects of the company are set out. It does not include a power to sell land. The company is given a specific power to acquire land in section 42.
: Section 14 (1) clearly transfers the aviation responsibilities of ANSO to the new commercial company. We must be certain we are doing that in legislation. The company is being given a commercial brief. It will have the normal powers of any commercial company to trade, deal, acquire, sell, dispose, extend and invest. That is the only reason subsection (1) is explicit. It has to take account of international agreements, treaties and responsibilities for safety. We are transferring these responsibilities and powers directly from ANSO to the new Authority. Section 3 says the company shall have power to do anything. The normal trade and operations of any commercial company will be available to the Authority.
: I am pointing out from my own experience that not to give a power like this to a company will create considerable difficulties when trying to dispose of assets or to sell land. My advice to the Minister of State is that he should confer this power specifically on the company. If in his omniscience he thinks it is not necessary I will not press the matter. It does not matter to me but it will matter to the company later, because it will meet this problem if it has not been specifically given the necessary power.
: In response to Deputy O'Malley, section 42 is specific in relation to ministerial powers to acquire land where the company could not normally do so. In deference to his experience and the advice he has given, I will have another look at the situation before Report Stage.
