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Dáil

Written answer

Departmental Correspondence

944. Deputy Niall Collins asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if he can expedite a request (details supplied); and if he will make a statement on the matter. [62047/26]

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Kevin Boxer Moran Minister of State at the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation Independent

The Office of Public Works (OPW) deals with property held by dissolved companies, at the time of their dissolution, that may have devolved to the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (the Minister) as provided by Section 28 of the State Property Act 1954 (the Act).

I am informed by officials in the OPW that they have not received any requests from any interested party for a waiver or transfer of this property.

The Minister has limited powers under Part III of the Act. One specific power is to waive his interest (if any) if he considers it appropriate in all of the circumstances (Section 31). Waivers are rarely made and when made are usually in favour of Local Authorities or entities that represent a number of people. Waivers are very rarely made to private individuals or interests. To qualify for a waiver an applicant has to demonstrate an entitlement, and this can be a high bar for most. For example, possession is not regarded as an entitlement to a Waiver. If possession is the basis of entitlement then the applicant has to have the required 30 years in order to defeat the Minister's interest, and such applications are made to Taillte Eireann or to the Court.

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