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Dáil Éireann debate -
Friday, 9 May 1924

Vol. 7 No. 5

LAND PURCHASE FINANCE. - RAILWAY AND CANAL (COMPENSATION) COMMISSION ORDER, 1924.

Debate resumed on following motion:
That this Dáil hereby approves of the Railway and Canal (Compensation) Commission Order, 1924, made on the twenty-third day of Aprils-1924, by the Executive Council, under Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and laid before this Dáil on the 6th day of May, 1924.—(Minister for Lands and Agriculture).

The motion of the Minister is that the Dáil approves of the Railway and Canal (Compensation) Commission Order. I requested that there should be a little delay before finally agreeing to this resolution, so that we might have time to understand its import. I am not going to disagree with the resolution, but I think it my duty to inform the Dáil of the result of my reading of the Minister's explanation and to ask the Dáil to pass this resolution with a full understanding of what it implies. Certain lands were taken over by compulsion. It was decided that a Commission, called the Railway and Canal Commission, should determine the amount to be paid in compensation for the compulsory acquisition of those lands. It is now desired that a Railway and Canal (Compensation) Commission should be set up to determine the amount of compensation to be paid for the compulsory acquisition of those lands. It is intended that the Executive Council, which was indirectly responsible for the acquisition of these lands, shall be the body which is to appoint the Commission which will determine the amount of compensation. Following precedent, as related by the Minister himself, it may well happen that the personnel of the previous body, or some such personnel, will be taken. The personnel of the previous body was, the Executive Head of the Ministry of Home Affairs (Mr. Friel) and the Executive Head of the Ministry of Local Government (Mr. McCarron). If that precedent is followed, then we shall have two officers of Departments to determine the amount that the State is to pay as compensation for the compulsory acquisition of the land. I support the motion, and I hope Deputies will support it and realise that they are making a very valuable precedent.

I beg to resist the motion, not because I oppose it, but because of Deputy Johnson's argument.

Deputy Johnson's point, as far as I can follow it, is that the particular people who are to form the Commission and to decide the compensation—he does not deny that some compensation should be given even to owners of land—are to be appointed by the Executive Council. I think that is a thoroughly reasonable and practical way of appointing them, and I only make one point. He referred to a previous Commission, which also exercised functions under this Act, and he repeated what I stated here on the last occasion, and previously when I was moving the necessary resolution some months ago, that the previous Commission was composed of the Executive Heads of the Ministries of Local Government and Home Affairs. The Deputy rather conveyed to me the impression that the Executive Heads of the Ministries of Local Government and Home Affairs were not exactly the proper persons to say what compensation should be paid to owners of land.

The Minister is rather missing the point. The point is not that the particular officers mentioned may not be the proper persons, but that Departmental officers who are obviously direct servants of the State, which is the authority that has to pay the money, are not likely in the minds of the persons who own the land to be right persons to assess compensation.

Mr. HOGAN

I am getting more information on this question after every debate or during the course of every debate. It was never suggested that Departmental officers should form this Commission. Departmental officers formed the last Commission merely to extend the time to do something which was almost automatic. It does not follow at all that the same officers are to form this Commission. Possibly the same officers may be left there, and people who would know more about the price of land added. I can assure the Dáil that the Executive Council will probably ask the advice of the Ministry of Agriculture, and that the endeavour will be—whether we succeed or not—to put men on that Commission who will be able to do the work they are expected to do.

I am quite sure of that. It depends on what they are expected to do.

Question put and agreed to.
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