Dáil Éireann Debate, Tuesday - 18 April 2023
1140. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 739 of 21 February 2023, what are the requirements and what approval is necessary to transfer a Irish Land Commission Trust (details supplied) to the community to develop a multipurpose community facility; and if he will make a statement on the matter. [17673/23]
View answerIn general, the procedure for the disposal of trust lands of this nature to a community-based company is as follows:-
The trustees requesting the disposal must be appointed as trustees of the property concerned under a Ministerial Warrant of Appointment.
Before I can determine a request from the trustees, a public meeting must be convened to ascertain the views of the people of the area regarding the dissolution of the trust and to establish if there is community consensus to the proposed course of action. A report of this meeting is submitted to the Lands Branch of my Department.
In addition to the above documents, the trustees must create or identify a company to which the trust property can be transferred and submit a Memorandum and Articles of Association for approval by my Department. An Agreement of Transfer must also be completed which will exempt the company from payment of Capital Gains Tax. Finally, a letter must be provided confirming that the new company will indemnify me, as Minister, against any proven compensation claims from former users of the trust lands.
When the required documentation is received, my officials prepare a Warrant of Disposal for my signature. A notice of the proposed disposal is then published in a local newspaper and in Iris Oifigiúil. There is a six-month time span for claims to be made and for proven claims to be assessed by my Department.
Thereafter, officials in my Department will, where appropriate, arrange to lodge the Warrant of Disposal with Tailte Eireann (formerly the Property Registration Authority) in order to have the registration of the Folio updated.
With regard to the trust lands at Castlemaine, Co. Kerry, as I advised in my response to your previous question, my officials are currently reviewing this particular case.
