Section 13(1) and 13(3) of the Transport Act 1950 and section 11 of the Transport Act 1964 provide CIÉ with the statutory power to acquire, dispose or develop property subject to the consent of its Board. There is no statutory requirement for Ministerial consent; CIÉ's Board is the sole statutory decision-maker.
However, Section 8.22 of the Code of Practice for the Governance of State Bodies states that the Chairperson of the Board should seek the approval of the relevant Minister and the Minister for Public Expenditure and Reform in advance of any material acquisition or disposal of land, buildings or other material assets proposed by a State Body.
Section 8.23 of the Code also states that in addition to any specific guidelines which may apply to a particular State body, any acquisition or disposal of property must be conducted in accordance with Circular 17/2016 on Policy for Property Acquisition and for Disposal of Surplus Property.
Both the Minister for Public Expenditure and Reform and I conveyed our approval in June 2017, in accordance with paragraphs 8.22 and 8.23 of the Code of Practice, to allow CIÉ commence disposal of the property referred to by the Deputy.
I have forwarded the Deputy's question to CIÉ for direct reply in relation to the specific issues raised regarding the conduct of the tender process. Please advise my private office if you do not receive a response within ten working days.
