Calls for elected councillors to have final say on land acquisition

A member of the Seanad is calling for a change in local government policy to allow elected councillors have the final say in any land acquisitions by their respective county councils.

Senator Victor Boyhan has said he wants to see property acquisition by councils classed as a 'reserve function', i.e. a decision which is solely the prerogative of the elected councillors, rather than the council chief executive or other officers.

Boyhan was speaking after a local government audit report revealed that Clare County Council paid "higher than market value" when paying out €8 million for two separate sites including "prime coastal land" adjacent to the Cliffs of Moher.

In her 20-page report of the council’s 2023 financial statements, local government auditor Joanne Greene disclosed that the €8 million purchase of the two sites “were supported by independent valuations which were based on 'special interest' to the council and therefore constituted paying a higher than market value”.

Boyhan said: "Councillors can approve, amend or reject a council chief executive proposal to dispose of council property, but strangely have very limited powers to compel a council chief executive to inform them on purchasing property, and financial packages agreed around the purchase, until the transaction has been done."

Despite saying that he would not comment on the specific details on the local government audit report for Clare County Council, Boyhan did however say that councillors "should be provided with details of the financial package for each site, and the size of each parcel of land".

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"All councils are entrusted to manage public monies and its property portfolio. Confidence and transparency in all property, financial and legal transactions are critically important," he added.

The senator acknowledged the "important work" of council chief executives, council audit committees, and local government auditors.

"I am calling for a review at national level around the powers and functions in relation to property acquisitions, and the need for greater transparency and oversight for councillors under the reserved function remit," Boyhan said.

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