Grangegorman Development Agency Act 2005

PART 1 Preliminary and General

1. Short title.

1.—This Act may be cited as the Grangegorman Development Agency Act 2005.

2. Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“Agency” means Grangegorman Development Agency established under section 8;

“committee” means a committee established under section 20;

“company” means a company within the meaning of the Companies Acts 1963 to 2003;

“Enterprise Ireland” means the body established by the Industrial Development (Enterprise Ireland) Act 1998;

“establishment day” means the day appointed by the Minister under section 5 to be the establishment day for the purposes of this Act;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“Grangegorman neighbourhood” has the meaning assigned to it by section 4;

“Grangegorman site” has the meaning assigned to it by section 3;

“IDA” means the body established by the name of “Industrial Development Agency (Ireland)” by the Industrial Development Act 1993;

“Minister” means the Minister for Education and Science;

“the appropriate Minister” means any Minister of the Government (other than the Minister) who, having regard to the Ministerial functions vested in that Minister, in the opinion of the Minister might be concerned with or interested in the matter in question;

“remuneration” includes allowances for expenses, benefits-in-kind and superannuation;

“statutory body” means—

(a) the Health Service Executive established under the Health Act 2004 (hereinafter referred to as “the Health Service Executive”),

(b) a local authority for the purposes of the Local Government Act 2001,

(c) a Minister of Government,

F1[(d) City of Dublin Education and Training Board,]

(e) the Dublin Institute of Technology established under the Dublin Institute of Technology Act 1992,

(f) any other board or body established by or under statute;

“strategic plan” shall be construed in accordance with section 12;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

F2[‘transport strategy’has the meaning assigned to it bysection 12of the Dublin Transport Authority Act 2008.]

(2) (a) In this subsection, a reference to a “thoroughfare” includes any avenue, bridge, drive, high water mark, place, river, road, row, street or wall.

(b) In Schedule 1—

(i) a reference to a line drawn along any thoroughfare is a reference to a line drawn along the centre of that thoroughfare,

(ii) a reference to a projection of any thoroughfare is a reference to a projection of a line drawn along the centre of that thoroughfare,

(iii) a reference to the point where any thoroughfare or projection of any thoroughfare intersects or joins any other thoroughfare or projection of a thoroughfare is a reference to the point where a line drawn along the centre of such thoroughfare, or in the case of a projection of a thoroughfare, along such projection, would be intersected or joined by a line drawn along the centre of such other thoroughfare or, in the case of another projection of a thoroughfare, along such other projection.

(3) In this Act—

(a) a reference to a section or Schedule is a reference to a section of, or Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by any other subsequent enactment including this Act.

3. Grangegorman site.

3.—For the purposes of this Act “the Grangegorman site” means the area described in Schedule 1.

4. Grangegorman neighbourhood.

4.—For the purposes of this Act the “Grangegorman neighbourhood” means the area described in Schedule 2.

5. Establishment day.

5.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

6. Laying of orders before Houses of Oireachtas.

6.—Every order (other than an order under section 5) made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either such House within the next 21 days on which that House had sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

7. Expenses.

7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Grangegorman Development Agency

8. Establishment of Agency.

8.—(1) There shall stand established, on the establishment day, a body to be known as Gníomhaireacht Forbartha Ghráinseach Ghormáin, or, in the English language, the Grangegorman Development Agency (to be known and referred to in this Act as the “Agency”), to perform the functions conferred on it by or under this Act.

(2) The Agency shall be a body corporate with perpetual succession and a seal and shall have power—

(a) to sue and may be sued in its corporate name,

(b) to acquire, hold and dispose of land or an interest in land, with the consent of the Minister in writing, and

(c) to acquire, hold and dispose of any other property, with the consent of the Minister in writing.

9. Functions of Agency.

9.—(1) The functions of the Agency shall be to—

(a) promote the development of the Grangegorman site as a location for education, health and other facilities,

(b) subject to such conditions as the Minister may determine, to enter into arrangements, including by means of acquiring shares in limited liability companies, to exploit any research, consultancy or development work undertaken (whether separately or jointly with others) by the Agency,

(c) accept the vesting of the Grangegorman site, any property of the Dublin Institute of Technology or the Health Service Executive that is vacated in connection with the development of the Grangegorman site or, with the prior written consent of the Minister, any other property,

(d) carry out or facilitate, by whatever method and on such terms and conditions as the Agency considers appropriate, the development, re-development, renewal or conservation of any land in the Grangegorman site with the Minister, the Minister for Health and Children, the Dublin Institute of Technology, the Health Service Executive or, with the prior written consent of the Minister, any other person,

(e) co-ordinate the development, re-development, renewal or conservation referred to in paragraph (d),

(f) apply for permission for the development of land in the Grangegorman site to facilitate its future development,

(g) prepare a strategic plan in accordance with section 12,

(h) undertake an examination of the titles to properties within the Grangegorman site and to properties of the Dublin Institute of Technology, the Health Service Executive or, with the prior written consent of the Minister, the property of any other person located outside the Grangegorman site which properties are connected with the development of the site,

(i) decide the appropriate strategy to be followed for the purpose of procuring each individual element of the overall Grangegorman site in consultation with the Minister, the Minister for Health and Children, the Dublin Institute of Technology and the Health Service Executive,

(j) consult with the relevant organisations to address the issue of providing adequate public transport to service the Grangegorman site,

(k) arrange for a communications strategy concerning the development of the Grangegorman site that is to say a strategy that will provide for consultation with each of the following, namely, residents in the Grangegorman neighbourhood, patients and providers of healthcare services, the staff and students of the Dublin Institute of Technology, trade union and employers' representatives, public representatives of the constituency in which the Grangegorman site is located and any other person the Agency considers relevant,

(l) organise, at the completion of the construction phase, the vesting of those lands and premises to be occupied by the Health Service Executive, the Dublin Institute of Technology or other educational body into the ownership of the respective authority, institute or other body.

(2) The Agency shall have all such powers as are necessary or expedient for the performance of its functions.

(3) The Agency may, with the consent of the Minister, enter into arrangements with other persons to perform on behalf of the Agency such of its functions as the Agency considers necessary.

10. Conferral of additional functions on Agency.

10.—(1) The Minister may, with the consent of the Minister for Finance, by order—

(a) confer on the Agency such additional functions relating to the functions conferred on the Agency by section 9 or by an order made under this section as the Minister considers appropriate, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Agency of functions so conferred.

(2) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

11. Directives of Minister to Agency.

11.—(1) The Minister may, from time to time, give to the Agency a general directive in writing as to policy regarding the performance of any of the functions assigned to it by or under this Act.

(2) (a) The Minister may, from time to time, with the consent of the Minister for Finance, give to the Agency a general directive in writing specifying the financial objectives of the Agency, the manner in which the Agency shall conduct its financial affairs and requiring the application of profits or other income or funds of the Agency in such manner (including application for the benefit of the Exchequer) as may be specified in the directive.

(b) This subsection shall not be construed as imposing on the Agency, either directly or indirectly, a duty or liability which may be the subject of any legal proceedings.

(3) The Agency shall, in performing its functions, comply with any directive given under this section.

12. Strategic plan.

12.—(1) The Agency shall, as soon as may be after its establishment, prepare a plan (which is in this Act referred to as a “strategic plan”) for the strategic development of the Grangegorman site in consultation with the Dublin Institute of Technology, the Health Service Executive, the Minister and the Minister for Health and Children.

(2) The strategic plan shall consist of a written statement and a plan indicating the objectives for the development of the Grangegorman site, including—

(a) the provision for the needs of the Minister, the Minister for Health and Children, the Dublin Institute of Technology, the Health Service Executive and the Grangegorman neighbourhood,

(b) the provision of services (for example, roads, water, transport on site),

F3[(c) proposals, consistent with the transport strategy of the Dublin Transport Authority, relating to transport requirements,]

(d) the management and refurbishment of property including listed buildings,

(e) the provision of recreational facilities,

(f) the provision of research and development facilities,

(g) the provision of facilities to exploit any research, consultancy or development work undertaken by the Agency in conjunction with the Dublin Institute of Technology or the Health Service Executive,

(h) subject to the Minister's approval in writing, the setting of a budget for the strategic plan and a strategy for its delivery within the set budget,

(i) the development of commercial activities,

(j) facilitating access to, and use of, facilities forming part of the Grangegorman site by residents in the Grangegorman neighbourhood,

(k) the development of the Grangegorman site in the context of land usage in the vicinity and in a manner that is sympathetic with its urban setting.

(3) In preparing a draft of the strategic plan, the Agency shall—

(a) have regard to the development plan made by Dublin City Council,

(b) consult with the Dublin City Council, Enterprise Ireland, IDA, F4[the Dublin Transport Authority], Córas Iompair Éireann, the Railway Procurement Agency, other relevant bodies established by or under statute, the local community (including the Grangegorman neighbourhood) and other persons with a relevant interest in the matter, and

(c) make arrangements for the making of submissions by interested parties in relation to the draft and the consideration by the Agency of any such submissions.

(4) Before a strategic plan is adopted, the Agency shall—

(a) publish in one or more daily newspapers circulating in the area in which the Grangegorman site is located and on a website a notice—

(i) stating that a draft strategic plan has been prepared and that it will be considered by the Agency,

(ii) indicating the time at which, the period (which shall be not less than one month) during which and the place where a copy of the draft strategic plan may be inspected,

(iii) indicating where a copy of the draft strategic plan may be obtained and specifying the fee (if any) for such copy (which shall be not more than the reasonable cost of making such a copy),

(iv) stating that submissions or observations may be made in writing to the Agency in relation to the draft strategic plan before a specified date (which shall be not less than 2 weeks and not more that 8 weeks after the end of the period for inspection),

(b) consider any submission or observations made to it under this subsection and not withdrawn and make such amendments or modifications (if any) to the draft development plan as it considers appropriate, and

(c) publish on a website any submissions or observations made to it under this subsection and not withdrawn.

(5) Dublin City Council and An Bord Pleanála shall, in deciding any application or appeal under the Planning and Development Act 2000 in respect of development in the Grangegorman site area, consider anything relevant contained in the strategic plan.

13. Transfer of lands from statutory body to Agency.

13.—(1) (a) Subject to paragraph (b), the Minister may, after consultation with the statutory body concerned and with the consent of the appropriate Minister and the Minister for Finance, by order transfer from a statutory body to the Agency land situated in the Grangegorman site together with all rights, powers and privileges relating to or connected with such land.

(b) The Minister shall not make an order under this section unless the Minister is satisfied that the use of the land to which the order, if made, will relate is not necessary for the performance of the functions of the statutory body concerned.

(2) Subject to subsection (3), where an order is made under this section there shall be payable to the statutory body by the Agency consideration in respect of the transfer and such consideration shall be such as may be agreed between the statutory body and the Agency or, in default of such agreement, such amount as shall be determined by arbitration in the like manner in all respects as a claim for compensation in relation to the compulsory acquisition of land under Part V of the Housing Act 1966 and for that purpose a reference to a housing authority shall be construed as a reference to the Agency.

(3) The consideration payable to the Health Service Executive in exchange for that part of the Grangegorman site to be transferred from its ownership to the ownership of the Agency shall be such amount, and paid in such manner, as the Minister and the Minister for Health and Children, with the consent of the Minister for Finance, may agree having regard to—

(a) the social and health utility of the Grangegorman site, and

(b) any allocation of moneys made by the Minister for Health and Children to the Health Service Executive.

(4) The consideration payable to the Dublin Institute of Technology in respect of properties contained in Schedule 3 to be transferred from its ownership to the ownership of the Agency shall be such amount, and paid in such manner, as the Minister, with the consent of the Minister for Finance, may agree having regard to—

(a) the educational utility of the Grangegorman site, and

(b) any allocation of moneys made by the Minister for Education and Science to the Dublin Institute of Technology.

(5) Where the land to be transferred is vested in a Minister of the Government and the Government is of the opinion that the transfer concerned serves the interests of the common good, the Government may decide that consideration under subsection (2) (either in whole or in part) is not to be payable.

(6) In this section, “consideration” includes money or other property.

(7) An order under this section shall come into operation on such day or days as may be specified in the order and different days may be so specified in relation to different parts of the land to which the order relates.

(8) An order under this section may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Minister to be necessary or proper for the purpose of, or in consequence of, or to give full effect to, a transfer of land effected by the order, including provisions for the application, modification, adaptation or other amendment of any enactment.

(9) Where an order under this section is made, land to which the order relates shall, on the date specified in the order in relation to that land and without any further conveyance or assignment, become and be vested in the Agency for all the estate and interest of the statutory body.