I move that the Bill be now read a Second Time. As the law stands at present, responsibility for the prevention of coast erosion rests, generally, with the owner of the property affected, who may be a private individual or concern, a transport undertaking or a local authority. The only Departments of State which have any statutory or other responsibility are the Department of Industry and Commerce, which in the exercise of the powers conferred under the Foreshore Act, 1933, is concerned only in so far as the removal of beach material from the foreshore may cause or accelerate erosion; and the Department of Lands, in the limited category in which it administers trust funds for the maintenance of existing protection works or makes occasional grants and advances to assist in the carrying out of minor protection works in a case where the security for land purchase advances is endangered by coast erosion.
The question of coast erosion and coast protection has been the subject of examination and consideration over a great number of years, but the attention given to it has been intermittent. As far back as 1906 a British Royal Commission was appointed to inquire and report as to the encroachment of the sea on various parts of the coast of the United Kingdom, and the damage which has been or is likely to be caused thereby, and what measures are desirable for the prevention of such damage. The final report of this commission was submitted on the 31st May, 1911. The commission in so far as Ireland was concerned reported that the chief erosion in Ireland occurred on the coast-line of the Counties of Dublin, Wicklow and Waterford, and on other parts of the coast-line encroachment only took place at isolated spots.
In October, 1929, the Minister for Local Government and Public Health appointed an inter-departmental Committee consisting of the chairman of the Commissioners of Public Works representing the Minister for Finance and representatives of the Departments of Industry and Commerce, Lands and Fisheries, Local Government and Public Health and the Irish Land Commission. The committee's Terms of Reference were as follows:—"To inquire into and report on the extent to which coast erosion is proceeding or may be anticipated in the Saorstát and on the nature and effect of the damage which is being or may be caused thereby; and to make recommendations, with due regard to the relation between the nature and amount of damage and the cost of preventing it, as to any measures for securing increased protection of the coast which it appears advisable to adopt". This committee reported in 1931. In their view the following general conclusions might be drawn, namely, (a) there was constant erosion as well as accretion going on around the coast; (b) there was no conclusive evidence of any catastrophic action either past, present or imminent. Much of the erosion is of little practical importance. But (c) there are a number of cases in which valuable property is threatened or actually being damaged.
The committee recommended that the Government should not assume general responsibility for the protection of the coast against inroads of the sea, but they envisaged circumstances in which individual property owners might undertake works of coast protection subject to Government control or the State might contribute towards the cost and in cases undertake such works itself. In the case of applications for State assistance the committee suggested that the following considerations might properly govern a decision, namely, that the object to be attained is of national importance, that it could be attained at a cost which is not greater than the purpose warrants, and that the persons whose property is to be protected cannot afford to defray the whole cost.
The Government take the view, and the present Bill has been framed on that basis, that the obligations in respect of coast erosion which might be assumed by the State should be restricted to cases of serious erosion as distinct from storm damage, and that the initiation of schemes for coast protection should lie with the local authorities who would have first hand knowledge of local conditions and needs, and would no doubt be moved by interested property owners, and who should be in a position to decide in a preliminary way that the conditions and needs were such as to justify financial participation in the cost of remedial measures by the authorities themselves and by the interested property owners.
This is the general background, and, although there is no evidence of any urgent necessity for the carrying out of widespread protection works to combat erosion by the action of the sea, representations have been received from time to time in individual cases of varying seriousness. The Government decided in the circumstances that it would be desirable to make statutory provision to enable serious cases to be properly examined and coast protection schemes to be formulated and put into effect in suitable cases. There are no reliable up-to-date statistics as to the general extent of the problem, but such evidence as we have leads to the assumption that the number of individual instances where erosion is taking place to the grave detriment of a town or village or of valuable property is not large. Nevertheless there are undoubtedly a few cases which are of sufficient importance to justify the provision of statutory machinery for dealing with the problem.
I should like to emphasise that this Bill is not intended to cover cases of storm damage as such. It is intended, as is set out in Section 2, to deal with cases where land is being progressively damaged by encroachment of the sea which, if permitted to continue, is liable to endanger the safety of a harbour, the buildings or amenities of a residential area, or other valuable property. The Bill provides that the preliminary examination of coast erosion problems and the initiation of protection schemes are matters for local authorities but there is also provision that, if the local authorities concerned are advised that the preparation of a scheme is practicable and desirable but that the works would be of such difficulty or magnitude as to be beyond their capacity, an approach can be made to the Commissioners of Public Works to undertake a further examination for the purpose of determining whether the preparation and execution of a scheme is practicable and desirable. The costs and expenses incurred by the Commissioners in respect of such examination are to be paid by the local authority concerned. In such cases as are referred to them, the Commissioners will decide whether a scheme should or should not be prepared and, if one is to be prepared, whether the work should be carried out by them or by the promoting authority.
Other important provisions in the Bill are:—
(a) Where land in two or more counties is affected by erosion the councils of the counties concerned shall name one council as the authority to promote a coast protection scheme.
(b) A scheme prepared by the promoting authority, or by the Commissioners, is to be exhibited locally and notice of the preparation of the scheme setting out particulars of proposed interference with land, rights and property is to be served on interested parties, who may within a period of two months submit observations on any matter to which the notice relates.
(c) The Commissioners of Public Works may decide to cause a public inquiry to be held, by a person appointed by them, on the observations received by a local authority on a scheme prepared by that authority, or on observations received by the Commissioners on a scheme which they themselves have prepared. Schemes prepared by local authorities will be subject to confirmation by the Commissioners, with the consent of the Minister for Finance; and schemes prepared by the Commissioners will be subject to confirmation by the Minister for Finance.
(d) The Minister for Finance is to be empowered to contribute out of moneys to be provided by the Oireachtas such amount, not exceeding one half, as he may consider proper of the costs and expenses incurred in executing a coast protection scheme, the balance to be provided by the promoting authority with the aid of such contributions as may be agreed upon with other local authorities, harbour authorities, and the owners of protected lands.
(e) Completed works are to be maintained by the promoting authority, and local authorities who contribute towards the cost of schemes will be required to contribute towards maintenance costs.
I will now deal briefly with the Bill, section by section.
Section 1 is the usual definition section incorporating the definitions which are used throughout the Bill. I think those definitions are sufficiently clear without any comment from me.
Section 2 provides that the council of a county, which expression includes the corporation of a county borough, whenever satisfied that land within the county is being progressively damaged by encroachment of the sea and that such encroachment, if permitted to continue, is liable to endanger a harbour, the buildings or amenities of a residential area or other valuable property, may declare that it is expedient to promote a coast protection scheme in relation to the encroachment. Where an encroachment affects land in two or more counties and the council of each county makes a declaration under this section, the councils are to name one council to act as promoting authority for the coast protection scheme. The making of a declaration will be a reserved function.
Section 3 provides that where the promotion of a coast protection scheme has been declared to be expedient the promoting authority shall cause a report to be prepared on the nature and probable causes of the encroachment, the extent and value of the lands and property being damaged or liable to be endangered thereby, the works, if any, which may be practicable and desirable to prevent the continuance of the encroachment, and an estimate of the cost of such works. Necessary powers for entry on lands etc., are provided for the purposes of the examination and report.
Section 4 provides that a promoting authority, after consideration of a report under Section 3, may declared that a scheme is not to be proceeded with, or that a scheme is to be prepared and, subject to confirmation as provided for in the Bill, executed by themselves. Alternatively, if they are advised that the preparation of a scheme appears practicable and desirable but that the works are of such difficulty or magnitude as to be incapable of successful execution by them they may request the Commissioners of Public Works to make a further examination for the purpose of determining whether the preparation and execution of a scheme is practicable and desirable.
Section 5 provides that the Commissioners of Public Works may make the further examination referred to in Section 4, and that they may recover the costs and expenses incurred by them from the promoting authority. Provision is made whereby the promoting authority can recover from other local authorities in appropriate cases portion of the costs and expenses incurred by the Commissioners.
Section 6 lays down the procedure to be followed by the Commissioners of Public Works after they have completed their examination of the problem. They may determine that the circumstances would not justify the preparation and execution of a coast protection scheme or that a coast protection scheme would be justified and should be prepared and executed by the promoting authority, or alternatively that it should be prepared and executed by themselves. In the first case the Commissioners will make a report to the promoting authority and they will give the reasons upon which their determination has been based. These reasons will normally have relation to the feasibility of devising a scheme which from the engineering point of view is capable of execution at a reasonable cost and without endangering property other than that which it is desired to protect. As Deputies will realise, interference with the normal course of nature and particularly with elements such as the wind and waves can have peculiar and sometimes dangerous reactions.
Section 7 deals with cases where the Commissioners of Public Works inform the promoting authority that a coast protection scheme would be justified, and that the scheme should be prepared and executed by the promoting authority. In that event the promoting authority have the option of deciding, after consideration of the Commissioners' report, whether or not a coast protection scheme is to be proceeded with. This is to be a reserved function.
Section 8 provides that a coast protection scheme may be prepared by a promoting authority who have made an appropriate declaration under Section 4 or Section 7; similarly a scheme may be prepared by the Commissioners of Public Works in a case where they have made a determination under Section 6 that they are to be the executing authority.
Section 9 gives details of the matters to be shown in a coast protection scheme prepared either by a promoting authority or by the Commissioners of Public Works including the estimated cost and the several sources from which the necessary moneys are to be provided.
Section 10 provides that when a coast protection scheme has been prepared copies are to be sent to specified parties. The scheme is to be exhibited and public notices of such exhibitions are to be given.
Section 11 provides for the serving on every interested party of a notice stating that a scheme has been prepared specifying where the scheme can be inspected and describing any proposed interference with his land, rights or other property. A period of two months is allowed for the sending to the promoting authority or to the Commissioners of Public Works, as the case may be, of any observations which the interested party desires to make in regard to the matters to which the notice relates.
Section 12 provides that when a promoting authority have considered the observations received in regard to a scheme prepared by them, they are to furnish a report thereon to the Commissioners of Public Works who will examine the report and the scheme and if they consider it necessary cause a public inquiry to be held. The Commissioners will then consult the Minister for Local Government, the Minister for Industry and Commerce and other Ministers if necessary and they may then decide not to confirm the scheme, or, with the consent of the Minister for Finance, to confirm it.
The section also provides that when the Commissioners of Public Works have considered the observations received in regard to a coast protection scheme which they themselves have prepared, and the report of any public inquiry which they may have caused to be held in regard thereto, they shall present the scheme, accompanied by a statement of any alterations which they consider should be made therein, to the Minister for Finance for confirmation. The Minister for Finance, after consultation with the Minister for Local Government, the Minister for Industry and Commerce and such other Ministers as he may consider necessary, may make an Order refusing to confirm the scheme or he may make an Order confirming the scheme either without alteration or with such alterations as he considers proper.
Section 13 provides the necessary powers for the executing authority in regard to the carrying out of a coast protection scheme for which a confirmation Order has been made.
Section 14 sets out the duties of an executing authority in regard to public roads and bridges which may have to be interfered with in the course of executing a coast protection scheme. Local authorities who benefit from the provision, by an executing authority, of new or improved bridges or roads, conferring substantially greater benefits than the original ones, are to contribute such part of the cost as the Minister for Local Government shall certify. This section follows a similar provision in the Arterial Drainage Act, 1945.
Section 15 provides for the acquisition of and compensation for land, rights, etc., proposed to be compulsorily acquired or substantially interfered with in a coast protection scheme for which a confirmation Order has been made.
Section 16 provides for compensation for other interferences with land, etc., during the execution of coast protection works and lays down a time limit of one year for making claims for such interferences.
Section 17 deals with certain matters to which an arbitrator shall have regard in assessing compensation; these include any benefit to the claimant's property deriving from the works.
Section 18 provides for the disposal by the executing authority of any lands, etc., acquired by them in connection with a coast protection scheme which have become surplus to requirements.
Section 19 deals with the provision of the moneys necessary for the carrying out of a scheme. It provides that the Minister for Finance may contribute, out of moneys to be provided by the Oireachtas, such amount, not exceeding one half, as he may consider proper, of the costs and expenses incurred in executing a coast protection scheme, the balance to be provided by the promoting authority with the aid of such contributions as may have been agreed upon with other local authorities, harbour authorities and owners or occupiers of protected lands. Provision is made for the borrowing of money from the Local Loans Fund by councils of counties, and other bodies, for the purpose of making contributions under this section.
Section 20 provides for the issue by the Commissioners of Public Works of certificates of completion for coast protection schemes. These certificates shall show the works which have been completed, the protected lands and the total cost of the works, and they shall be conclusive evidence that the works shown thereby have been completed in accordance with the relevant coast protection scheme, with such additions, omissions, etc., as may have been found necessary in the course of the work. One of the purposes of the certificate is to settle the nature and extent of the works to be maintained.
Section 21 deals with the disposal of trust funds for the maintenance of existing embankments, the necessity for which has been obviated in whole or in part by a completed coast protection scheme. It follows a similar provision in the Arterial Drainage Act, 1945 and is of a precautionary nature for any case that might arise. The amount of money likely to be involved would be negligible.
Section 22 provides that where compensation is payable by the Commissioners of Public Works to a person who owes money to them, to a Minister of State, to the Revenue Commissioners or to the Irish Land Commission the Commissioners may pay and discharge out of the compensation, the money so due. This is a usual provision.
Section 23 provides for apportionment of land purchase annuities, etc., in cases where land acquired for a coast protection scheme is subject, in conjunction with other land, to such annuities, etc.
Section 24 provides that the works to which a certificate of completion under Section 20 relates shall be maintained by the promoting authority and gives necessary powers for entry on lands, etc. for that purpose. Beach material within 100 yards of any works required to be maintained under this section may not be removed save under licence, and a person contravening this provision is liable to a fine not exceeding £20. Local authorities who contributed towards the cost of the execution of coast protection works are required to contribute towards the cost of maintenance of these works. The council of a county whose duty it is to maintain works is required to furnish to the Commissioners of Public Works an annual report in relation to the works.
Section 25 provides for inspection by the Commissioners of Public Works of any works required to be maintained by the council of a county. If the Commissioners are satisfied as a result of such inspection that maintenance or repair of the works in question is immediately necessary, they may serve a notice on the council concerned specifying the necessary maintenance or repairs and requiring the council to execute that work within a specified period. If the council fail to execute the specified work to the satisfaction of the Commissioners within the period stated in the notice, the Commissioners may enter and execute or complete such work, recovering from the council concerned the cost and expenses incurred.
Section 26 provides powers for abandoning coast protection works which are no longer capable of being maintained at any reasonable cost. Power is also taken to prevent abandoned works from becoming dangerous or a nuisance.
Section 27 provides powers for the making of by-laws for the protection of works which the council of a county is required to maintain.
Section 28 deals with the procedure for the holding of public inquiries and provides that in each case notices are to be published of the time and place at which the inquiry is to be held. All persons, who in the opinion of the person holding the inquiry are interested therein, shall be entitled to appear and be heard at the inquiry. Power is provided for the summoning of witnesses and for requiring the production of books and other documents.
Section 29 is the usual expenses section and Section 30 is the citation.
I commend this Bill to the House. The problem that has arisen in the one or two areas concerned in relation to coast erosion has been a problem that has been worrying these areas for a very considerable time. I think it is one that can be adequately dealt with within the framework of this Bill.