I move that the Bill be now read a Second Time.
Since 1931, there has been no general investigation of the extent to which our coasts are being damaged by erosion. In that year an interdepartmental committee reported to the Minister for Local Government and Public Health that there was no conclusive evidence of any really grave erosive action and that much of the erosion was of little practical importance; there were, however, six cases in which erosion was taking place with so much damage or danger to property as to assume what may be termed public importance.
Over the years, the Commissioners of Public Works have received complaints regarding erosion at many points on the coast. As the Commissioners are not generally empowered to deal with coast protection, few of these cases have been investigated and it is not possible to say if all the complaints refer to true cases of coast erosion and, if they do, whether protection work is merited. Some of the complaints may relate to storm damage which is a separate problem. Some of them may cover genuine cases of erosion but the cost of protection works may be disproportionate to the value of the property endangered. The fact that the complaints have been made is not an indication that there has been any worsening of the position since 1931. It is probably true to say that the conclusions reached by the committee more than 30 years ago still hold good.
There were three cases in which it was known that the danger to valuable property was imminent and State assistance was made available for protection works—at Bray sea wall, Wicklow town and Rosslare. In each case it was possible to put the work in hands without administrative difficulty. The work was sited on the foreshore and any difficulties of access or interference with privately-owned property were readily overcome.
Rosslare Strand, County Wexford was the most important. As is well known, erosion there has been a serious problem for many years. In 1937, an English expert made an investigation and recommended that groynes and extensive retaining walls, etc. should be erected at a cost then estimated at £340,000, the equivalent of about £1,000,000 at present; but in face of this estimate, no action was taken. However, the Wexford County Council continued to press for Exchequer aid, and in 1957, the Government decided that a programme consisting of a survey and some experimental and direct protection works should be proceeded with. The works were then commenced by the Commissioners of Public Works, they are still continuing, and will probably be completed in 1964. Proceeding from the experimental stage a system of groynes and protection works has been evolved which it is hoped with proper maintenance will give reasonable long-term protection. The Wexford County Council have made a substantial contribution to the cost which will be about £120,000.
The need for some statutory machinery to deal with coast erosion has been recognised by Deputies in all parts of the House. In 1956, a Bill was introduced by our predecessors and was being discussed in Committee when the Dáil was dissolved and the Bill lapsed. This Bill is on the same general lines. There are, however, some important differences. Under the earlier Bill, it was envisaged that the Commissioners of Public Works would carry out only the more difficult schemes leaving the smaller ones to the local authorities but now it is proposed that all the construction works as well as all the maintenance work will be done by the Commissioners.
The major change is in regard to the financial arrangements. In the 1956 Bill, State grants for coast protection works were limited to half the cost. Under this Bill, State grants up to 80 per cent. of the cost may be made. In the 1956 Bill, county councils were required to pay the full amount of the costs and expenses incurred by the Commissioners of Public Works on schemes which did not proceed. Under this Bill, they will pay only half such costs. These new provisions are generous and I hope they will make the Bill acceptable to all Deputies.
The Bill provides that where the council of a county or a county borough are satisfied that land within their area is being progressively damaged by the continuing encroachment of the sea, and that the encroachment is liable to endanger valuable property, the council may promote a coast protection scheme. If the encroachment affects land in two or more counties, the councils are required to name one council as the authority to promote the scheme. The council or councils shall cause a report on the encroachment to be prepared before a council as a promoting authority under the Bill requests a preliminary examination to be made by the Commissioners of Public Works. The purpose of this provision is to arrange for a form of screening of applications before the Commissioners of Public Works are approached for assistance and to place the responsibility for initiating action towards a protection scheme on a local authority which would be expected to reject applications unworthy of serious consideration. It would be quite impracticable for the Commissioners to deal initially with every request for a scheme from private individuals, commercial concerns and others. If, following the preliminary examination, the Commissioners report that a coast protection scheme is feasible, they may at the further request of the promoting authority and subject to the consent of the Minister for Finance prepare a scheme.
The word "feasible" used in the Bill is intended to mean practicable within economic limits of cost. The scheme, which will show the percentage grant available, will be exhibited by the promoting authority. They will notify any persons affected and consider any observations received and report to the Commissioners on the observations and any alterations which they propose should be made in the scheme. On consideration of that report the Commissioners will submit the scheme to the Minister for Finance with their recommendation. At any stage prior to the submission to the Minister the promoting authority will be at liberty to decide that the scheme should not go ahead and they would then be liable for half the cost incurred up to that stage. The Minister may refuse to confirm a scheme, or may confirm it with or without alterations. His confirmation of a scheme will empower the Commissioners to carry out the works. The difference between the cost of a scheme and the State grant will be payable by the promoting authority subject to such contributions by other local authorities, harbour authorities or other beneficiaries as may be arranged.
In the Bill, powers are provided for entry on lands, etc.; for compulsory acquisition or interference with lands or other rights; for payment of compensation; and for the holding of a public inquiry in relation to proposals for a scheme.
Maintenance of completed works is so important that it is proposed to make it the responsibility of the Commissioners of Public Works. Costs and expenses incurred by the Commissioners on maintenance will be refunded by the authority who promoted the scheme.
Certain necessary provisions of a miscellaneous nature are made, e.g., to make bye-laws, to abandon protection works no longer capable of being maintained at reasonable cost and to employ contractors.
So little is known of the extent of the coast protection work needed and so much is left to county councils by the Bill that it is not possible to give any estimate of the expenditure which will fall to be met from the Exchequer if the Bill is enacted. In planning coast protection works, the aim of the Commissioners will be to secure reasonably effective protection at the lowest possible cost.
Taking the Bill section by section, Section 1 does not need any comment.
Section 2 enables a county council or the corporation of a county borough to investigate and to have a report prepared on any proposal for coast protection works. If they are satisfied that land within their area is being progressively damaged by the continuing encroachment of the sea, as distinct from an occasional storm, and that valuable property is being threatened, they can promote a coast protection scheme and ask the Commissioners of Public Works to carry out a preliminary examination. Where the encroachment affects land in two or more counties a single report will be prepared and one council will be named as the promoting authority. Necessary powers for entry on lands, etc., are provided for the purposes of the preparation of a report. The consideration of a report and the making of a declaration shall be reserved functions.
Section 3 provides that on receipt of a request from a promoting authority under Section 2, the Commissioners of Public Works may undertake a preliminary examination. Before making this examination the Commissioners will, in addition, require an undertaking that the promoting authority will pay one half of the cost of the examination if a scheme is not executed later. Powers of entry on lands, etc., are provided for the purpose of the preliminary examination. The intention of the preliminary examination is to avoid the expenditure of time and money on unnecessary detailed investigations by eliminating at an early stage cases which would have no prospect of being dealt with at a reasonable cost or are not in fact true cases of coast erosion.