Under Section 28(2) of the State Property Act, 1954, land vested in or held in trust for a body corporate immediately prior to its dissolution, (other than land held by such body in trust for another person) becomes property of the State in the person of the Minister for Public Expenditure and Reform. The interest acquired by the Minister is described as a defeasible interest as it may be defeated by restoration of the company up to 20 years after dissolution.
The Minister for Public Expenditure and Reform has the discretion, under Section 31 of the State Property Act 1954, to waive property that has devolved to the State under Section 28, if he believes it is proper to do so having regard to all the circumstances of the case.
An application for waiver of the property referred to has been made by Fingal County Council, which is being reviewed by the CSSO. A significant amount of the required documentation has been provided by Fingal County Council. Part of the process involves alerting various stakeholders that a waiver of the Minister's interest in the property is being sought, and allowing them a period of time to submit observations. The time limit for submitting these observations has not yet expired so a final consideration of the application cannot be made for a number of weeks. In the meantime the Office of Public Works has informed Fingal County Council that it has no objection to them carrying out any emergency works on the site.