Key Takeaways
| Topic | Summary |
|---|---|
| What is the LDA? | A state agency tasked with developing land to deliver affordable, cost-rental, and social housing. |
| What is the FOI Act? | Freedom of Information lets the public request access to state records. In this case, it targeted the LDA’s risk register. |
| Why the dispute? | The LDA argues releasing full risk details would harm its ability to secure affordable land. The Information Commissioner disagreed. |
| Homes 25% below market | Verified in cost-rental schemes (e.g., Woodbrook, Dublin). Less clear for affordable purchase schemes. |
| The problem | Secrecy fuels distrust. Without proof of delivery at promised prices, blocking FOI risks looking self-serving. |
| Bigger picture | Ireland’s housing policy needs urgency, transparency, and serious innovation – including modular housing as mainstream delivery. |
The Land Development Agency (LDA) has taken the unusual step of going to the High Court to block the release of sensitive documents. This is to prevent a Freedom of Information (FOI) request by a journalist for more info about its business dealings. (The Irish Times).
At first glance, this may seem like a simple legal dispute. But beneath it lies a deeper issue – the tension between transparency and delivery in Ireland’s housing policy.
If the LDA can only deliver affordable homes by working in secrecy, should we accept that? Or does blocking public scrutiny simply hide failures in the system and destroy public trust further?
I will admit this dilemma made me a little biased, but I will try to be as fair as I can. So to answer that, we need to understand what the LDA is, what FOI is, and what this case is really about.
What is the Land Development Agency (LDA)?
The Land Development Agency was established in 2018 as a state body tasked with coordinating land use for housing delivery. Its core mission is to:
– Develop state-owned and other strategic land into housing.
- Deliver affordable homes (they typically aim for 25% below market value).
- Increase the supply of cost-rental and social housing.
- Partner with local authorities, approved housing bodies, and private developers to accelerate supply.
In practice, the LDA is supposed to act as a state developer; filling the gap left by Ireland’s reliance on private builders and unpredictable markets. And for that reason, it’s mandate is indeed ambitious: to produce thousands of affordable homes annually, reduce costs, and make use of underused land.
What is FOI and Why Was it Used Here?
The Freedom of Information (FOI) Act allows citizens, journalists, and organisations to access records held by public bodies. It is a key transparency tool that ensures accountability, exposes inefficiencies, and helps the public understand how state agencies operate.
In this case, a journalist used FOI to request the LDA’s corporate risk register; a document that outlines the risks the agency faces (e.g., rising land values, interest rates, labour costs, planning hurdles), as well as the scores and risk reduction strategies the LDA applies.
The LDA disclosed the list of risks but refused to release the scores and strategies, arguing that doing so would:
- Undermine negotiations with landowners.
- Reveal its hand in contract discussions.
- Potentially drive up land costs, reducing its ability to secure sites for affordable housing.
The Information Commissioner disagreed, ordering disclosure. The LDA has now appealed to the High Court.
The Case For & Against Secrecy in LDA Dealings.
A. Why I Think Secrecy Might Be Justified.
- Negotiation Strength – If developers know exactly how the LDA weighs risks, they could exploit that knowledge. For example, if developers or landowners knew that the LDA rates land scarcity as a critical risk, they could hold onto their land for much longer and wait to sell to the LDA at higher prices.
- Market Impact – Revealing financial strategies might undermine its ability to acquire land cheaply. For example, if the LDA’s documents showed it budgeted €20m for a site, landowners could demand closer to that figure, eliminating the chance of negotiating a cheaper deal.
- Delivery goal – If secrecy really does allow the LDA to build homes 25% below market for the public, perhaps it is a trade-off worth making.
Now, when things are typically working as expected, most people don’t care about the means involved as long as it benefits them. And whether we want to admit it or not, a lot of us are happy to go on about our lives with wilful ignorance to certain things.
This is especially the case if you knew that you were buying a house at 25% less than the prevailing market price. Ask yourself, will you honestly object to that price? Even if some loopholes were used to offer you the home at that price?
B. Why Secrecy Is Problematic.
Now, assuming that the LDA is doing its best to provide homes at cost to Irish citizens and residents, it may very well be using unethical means in order to provide these services. And that is not okay, no matter how I may try to justify it.
- Public money, public accountability – The LDA is not a private firm; it manages state resources.
- Risk of abuse – Without transparency, negotiation strategies could slide into continuous unethical practices.
- Trust deficit – Housing policy already faces deep public scepticism. Blocking FOI only fuels this suspicion.
- Evidence gap – Claims of 25% below market must be proven, not just mentioned. Otherwise, secrecy may look like cover for underperformance.
The “25% Below Market” Promise – Is it Fact or Fiction?
The LDA’s defence often leans on one line – that homes will be delivered at 25% below prevailing market values.
But does the record support this?
I tried to confirm this from online sources and this is what I found.
Cost-Rental – Yes, It’s Happening… Or Will be.
According to the LDA, there are now over 1,500 households living in LDA cost rental homes, with a further 350 LDA homes either sold or sale agreed through the Government’s affordable purchase schemes. (LDA.ie)
At Woodbrook, Dublin, 328 cost-rental apartments are also being built and aim to be completed by 2026. They will also be made available at at least 25% below market rent.
Affordable Purchase – Unclear.
Mind you, all the information I could find was according to the LDA. So far, I cannot confirm the figures from independent sources or homeowners. The LDA has announced thousands of “affordable purchase” homes, but there is no consistent, public evidence showing these are uniformly 25% below market price.
Why This Matters.
If the LDA can genuinely provide homes 25% below market, secrecy might be tolerated. However, without clear and consistent evidence, especially in affordable purchase schemes, public trust cannot be assumed.
Blocking FOI while asking the public to “take it on faith” can fuel public distrust even further. After years of missed housing targets, rising homelessness, and emigration, faith is already in short supply.
The Broader Context – Transparency in Housing Policy
This case reflects a wider problem – Irish housing policy often operates in the shadows. From sweetheart deals with developers, blurred planning decisions, to inconsistent delivery data, transparency is rare.
But secrecy undermines the very goals policymakers claim to pursue. Citizens will not believe in affordable housing promises unless they see verifiable proof.
The LDA, as a flagship state agency, should be leading on openness. Instead, it is fighting to keep the public in the dark.
Modular Housing – An Available Opportunity.
Here is where my ongoing advocacy matters. While Ireland continues to fight over transparency battles, modular housing remains marginalised.
Instead of bringing up modular as a mainstream construction method, the government frames it narrowly; as backyard cabins for elderly downsizers. This is a failure of imagination and urgency.
- Modular techniques can deliver estates, terraces, and apartments MUCH faster than traditional builds.
- With proper planning and oversight, large projects could be cheaper by 10–20% and can be scaled nationally with factory capacity.
- It is sustainable, aligning with climate goals better than retrofitted conversions.
If the LDA embraced modular as core to its delivery model, it could multiply its output dramatically. Instead, we remain stuck in debates about FOI secrecy, while young people leave the country.
SO WHERE DOES THAT LEAVE US?
The way I see it, the LDA High Court case is about more than FOI. It is about whether Ireland is willing to accept secrecy in the name of delivery.
Here is the bottom line:
- Yes, I believe protecting negotiation strategies makes sense if it genuinely allows the LDA to secure cheaper land.
- However, secrecy must be balanced with accountability. Selective disclosure, independent audits, or after-the-fact reporting could protect both.
Above all, results matter. If the LDA consistently delivers homes at 25% below market, the public may accept some secrecy. If not, secrecy is just another excuse. At a time when housing insecurity is driving emigration, homelessness, and despair, the public deserves more than promises. It deserves proof.
The LDA’s motto should not be “trust us.” It should be “here are the homes, here are the prices, here is the evidence.”
And while this debate plays out, let us not forget: Ireland still refuses to treat modular housing as the serious, dignified solution it could be. That may be the greatest missed opportunity of all.
