Ceisteanna—Questions. Oral Answers. - Compulsory Purchase Orders.
- Compulsory purchase order delays and reform 13 speeches
The Minister said processing times vary, and that he was reviewing the entire CPO procedure, including arbitration, but could not give a timeline. He agreed to consider legislative changes, including procedures for land with unknown or multiple owners.
Noel C. Browne, Sylvester Barrett, Garrett Fitzgerald, Ruairí Quinn, Joseph Brennan
- Portland Place CPO delay 7 speeches
Mr. Keating raised a six-to-seven-month delay on the Portland Place order and urged review of Department-local authority liaison; the Minister undertook to investigate and hasten procedures.
Michael Keating, Sylvester Barrett, Joseph Brennan, Jim Mitchell
asked the Minister for the Environment the average length of time taken to process a compulsory purchase order on land required for building purposes in (a) Dublin city, (b) the rest of Ireland; and if he will introduce the necessary legislation to expedite this process.
Comment on this
Since the time taken to process compulsory purchase orders varies very considerably and the number of such orders is not very great in Dublin city or elsewhere, average figures are not very meaningful. Furthermore, acquisition of land for housing purposes normally involves a public local inquiry in the case of Dublin orders, whereas about two-thirds of the orders relating to other areas do not and have been processed in periods of between two and six months. For what it is worth, in recent years, housing orders in these other areas have taken an average period of about eight months when an inquiry was involved and about twice that period for orders relating to Dublin city sites.
I have been having the question of legislation examined as some improvement in compulsory purchase procedure may be necessary. However, as I have explained in reply to a previous question, the possibilities for introducing a more expeditious procedure are severely limited, having regard to constitutional requirements and unavoidable procedural processes.
The fact that Dublin housing orders take longer than housing orders elsewhere is not surprising. Even small parcels of city land raise complex issues and may involve numerous plots and interests. In other areas, processing orders does not usually take as much time because, although there are exceptions, the issues tend to be simpler and the interests fewer.
Comment on this
There is clearly another defect in the Constitution, but is it likely that a CPO could take anything up to five years in the city?
Comment on this
Is it not evident that there is a necessity for a new procedure where there are a multiplicity of owners of plots of land, many of them not knowing the plots of land? Would the Minister be prepared to introduce legislation which would enable these plots to be acquired where the owner is not known on the basis that the necessary money is set aside and can be subsequently claimed, or otherwise we will never get through this? In so far as any such legislation turns out to be unconstitutional, would the Minister not agree that it should be tested and that the advice consistently given in his Department that actions of this kind are unconstitutional should not be left lie preventing development, that we should test whether it is constitutional or not, and if it is not constitutional, initiate the necessary change in the Constitution to prevent the public interest being inhibited in this way?
Comment on this
I am having the question of legislation examined at this time and I will certainly have the possibility of doing something about it examined.
Comment on this
The Bill could be referred to the Supreme Court and if it is found unconstitutional the necessary action could be taken to put the matter right.
Comment on this
I welcome the fact that this legislation is being reviewed. Can the Minister indicate when we will have the benefits of the review of this legislation and if the review of the legislation will extend to the Arbitration Acts which cover the costs of land acquisition, or is it simply on the compulsory purchase legislation itself?
Comment on this
The entire CPO procedure is being examined at present. Naturally it would include the arbitration side of it which is part of the CPO procedure.
Comment on this
In the context of the review which the Minister has told us on a number of occasions is under way will he also have a look at the liaison between local authorities and his Department, because the implication of the Minister's earlier reply was that the delays boil down basically to the question of multiple ownership and that would not be quite accurate. Is the Minister aware that, for the last six to seven months, a CPO in his Department is being delayed purely on the basis of small technicalities? I am talking about Portland Place. Therefore it would appear that all of the delays do not boil down to multi-owner situations.
Comment on this
Not all, but it is a problem in the Dublin area. If the Deputy will give me some particulars on the specific one about which he is talking I will have it looked at.
Comment on this
I did, and the Minister courteously acknowledged it, but my point is that when the Minister is reviewing this aspect he should examine the liaison between his Department and local authorities.
Comment on this
I will have the matter investigated in an effort to hasten the whole procedural aspect.