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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Local Improvements Scheme.

Consent for Local Improvements Scheme works

Summary

Deputies urged the Minister to let local authorities proceed with worthwhile road works when one landowner’s refusal blocks them. The Minister said he opposed extending compulsory powers because of the need to protect individual rights, but would convey the Deputies’ views to the Minister for the Environment.

Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick Fine Gael

(Cavan-Monaghan) asked the Minister for the Environment if he will amend the regulations or, if necessary, the law in regard to road works under the local improvements scheme so that one or more people will not be allowed to obstruct unreasonably the schemes by withholding consent to the proposed works.

Comment on this

The Deputy is aware that legislation would be required to empower county councils to proceed with road works under the local improvements scheme where a landowner whose lands or interests would be likely to be affected refused his consent to the works. I am satisfied, as were previous Ministers, that I would not be justified in seeking leave to introduce such legislation.

Comment on this

Why?

Comment on this

Firstly, you are into the area of compulsory powers.

Comment on this

Do local authorities have such powers?

Comment on this

Yes, but it is a question of the advisability of extending compulsory powers to this area which we do not consider desirable. Not only this Government but the previous Government after consideration came to the same view.

Comment on this

We accept that.

Comment on this

The former Minister, Deputy Tully, notified Deputy Fitzpatrick on 24th March, 1976, of his decision not to proceed with the legislation and gave his full reasons, which were on the same lines I am giving now.

Comment on this
Jim O'Keeffe Mr. O'Keeffe Fine Gael

Will the Minister agree that when a development which might benefit five or six people is held up by the intransigent action of one person, it should not be permitted to hold up a worth-while development?

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

This is a local question.

Comment on this
Jim O'Keeffe Mr. O'Keeffe Fine Gael

It is a very general question.

Comment on this

Deputies cannot have it both ways. A few moments ago Deputy O'Keeffe was concerned about the rights of the individual in another context vis-à-vis the Civil Liability Act, 1960. Here the right of the individual is involved.

Comment on this

Against his neighbours.

Comment on this

The Deputy is suggesting that we give local authorities compulsory powers to deal with an individual with regard to his rights.

Comment on this

When the Minister was a rural Deputy he knew of cases where a person could have a right of way to a bog miles down a roadway. An individual such as this person can impede the right of numerous families living on such a roadway. The Minister must agree that that person's right in impeding the progress of these families is such that it cannot be countenanced. The Minister for the Environment has the ultimate responsibility in this matter, and surely he will agree that this is his responsibility and he should act on it?

Comment on this

I have every sympathy with what the Deputy says. Like him I have dealt with these problems over the years. I know how these schemes can be held up over the intransigence of people in regard to rights of way, rights of property and so on. There are two points of view on it—the point of view of having the bureaucratic local authority move in on people to ensure that a scheme is done, and the right of the individual.

Comment on this

The Minister is the most broadminded Minister in the House.

Comment on this

It is one of these eternal conflicts that arise in regard to all legislation between the administration and the individual.

Comment on this

Will there be two points of view on all matters from now on?

Comment on this

The Minister for Philosophy.

Comment on this

I will put the Deputy's point of view before the Minister for the Environment.

Comment on this
Jim O'Keeffe Mr. O'Keeffe Fine Gael

Would the Minister agree that a correct balance in this case would be in favour of permitting the overall development which would help a number of people?

Comment on this

I have a certain feeling for the point of view put by the Deputy. I will put that view, added to my own which is not too remote from the Deputy's to the Minister.

Comment on this