I propose to take Questions Nos. 111 to 113, inclusive, together.
As the Deputy is aware, when the State compulsorily acquires land for public purposes and there is a dispute between the vendor and the purchaser regarding the amount of compensation which should be paid, the vendor may apply to the Land Values Reference Committee (comprising the Chief Justice, the President of the High Court and the President of the Society of Chartered Surveyors of Ireland) for the appointment of a Property Arbitrator to arbitrate on the amount to be paid.
In order to be of assistance to the Deputy, I have made enquiries and the Courts Service has informed me that the remit of the Land Value Reference Committee, established under the Acquisition of Land (Assessment of Compensation) Act 1919 and reconstituted under the Acquisition of Land (Reference Committee) Act 1925, is to appoint and maintain a panel of property arbitrators and to refer to that panel for arbitration the assessment of disputed claims for compensation arising under various statutory regimes authorising compulsory acquisition of land or rights relating to land.
The Courts Service has provided statistics on the number of the cases referred to the Property Arbitrators over the past 5 years and to date in 2018 as set out in the table below.
|
Year
|
Total Number of Cases
|
Number referred to the Property Arbitrator
|
Number referred to Part Time Temporary Property Arbitrators
|
|
2013
|
68
|
68
|
0
|
|
2014
|
42
|
42
|
0
|
|
2015
|
33
|
25
|
8
|
|
2016
|
60
|
2
|
58
|
|
2017
|
67
|
18
|
49
|
|
2018
|
8
|
5
|
3
|
The Courts Service has advised that the Committee has no oversight function in respect of the property arbitrators. Furthermore neither the Courts Service nor my Department has any function in relation to the work programme of property arbitrators who are appointed by the Land Values Reference Committee and so the further statistical data requested by the Deputy cannot be provided.
The remedies available to a party in the event that an arbitrator is in default in carrying out his or her functions depend on whether the arbitration is governed by the Arbitration Act 2010 or any other regime. The 2010 Act incorporates in Irish law, subject to the Act's provisions, the UNCITRAL Model Law on International Commercial Arbitration.
The Courts Service has further advised that it cannot be assumed that a delay in the completion of an arbitration is due to some default on the arbitrator's part. Delays in the completion of an arbitration can occur for other reasons outside the control of the arbitrator, for example, an ongoing court case.
The Courts Service has further informed me that there is currently one full-time property arbitrator and seven temporary part-time arbitrators available to be nominated to act in cases in which the property arbitrator is unable to act and that the Courts Service is satisfied that this is sufficient to meet the demand for services in this area.
