Dáil Éireann Debate, Wednesday - 30 September 2020
136. Deputy Brendan Griffin asked the Minister for Education if there are legislative or regulatory requirements preventing education and training boards from renewing leases on lands in their ownership before the expiry of existing leases; and if she will make a statement on the matter. [27531/20]
Amharc ar fhreagraThe Education and Training Boards Act 2013 sets out that the acquisition, holding and disposal of land, or any interest in land is a reserved function of an Education and Training Board. The Code of Practice for the Governance of Education and Training Boards, which my Department published in January 2019 requires ETBs to obtain formal Ministerial sanction before disposing (including long term leases) of land, buildings or other material assets.
My Department’s ETB Property Oversight Group considers applications from ETBs for Departmental approval to lease properties. Where my Department receives an application from an ETB for sanction to renew a lease on land to a third party, it considers relevant factors surrounding the proposed lease such as the rationale for renewing the lease put forward by the ETB, value for money, the intended use of the property by the tenant, any strategic considerations arising from the proposed lease relating to planning for education provision in the area, whether the ETB has received professional property advice in relation to the property and whether the ETB Board has approved the lease.
My Department considers each application on a case by case basis in line with the requirements of the Code of Governance and the provisions of Department of Public Expenditure and Reform Circular 17/2016: Policy for Property Acquisition and for Disposal of Surplus Property.
There is no specific provision, either in the Education and Training Boards Act or in the Code of Practice for the Governance of Education and Training Boards which prevents an ETB from renewing a lease on land in its ownership in advance of the expiry of an existing lease but any decision to seek either board or Department approval for such course of action must take into consideration the issues outlined above.
