(An Clár) asked the Minister for Industry and Commerce if he will state how many applications have been (a) received in his Department in respect of land acquired in connection with the Shannon Electrification Scheme on the Clare side of the river; (b) the date on which the first application was received, and the date on which the latest application in respect of such compensation reached his office; (c) the number of cases in respect of which compensation has been paid; also, whether an arbitrator has been appointed in accordance with Section 6, Shannon Electricity Act, 1925, and whether more than one arbitrator has been appointed, and on what date the appointment was made:—(1) How many cases submitted to the arbitrator in respect of land acquired on the Clare side of the Shannon have been submitted for adjudication to the arbitrator or arbitrators; (2) how many have been disposed of as a result of such adjudication; (3) the total amount paid in respect of such adjudication, and, (4) if the Minister can state when the other cases upon which agreement has not been reached will be submitted for adjudication to the arbitrator or arbitrators.
Ceisteanna—Questions. Oral Answers. - Acquisition of Land for Shannon Scheme.
Pádraig O hOgáin
The number of written applications for compensation received from occupiers of land in County Clare whose land has been acquired under the Shannon Electricity Act, 1925, is 37, and in 19 of these cases the amount of compensation has already been agreed. The date on which the first application was received is 21/1/26, and the date of the latest application is 16/4/29. The relatively small number of written applications received is explained by the fact that it is not usual for the occupiers of land affected to formulate any claims until interviewed by the valuer acting on my behalf. No application has been received for arbitration in any case, and no case has been referred to an arbitrator.
The Shannon Electricity (Assessment of Compensation) Rules, 1926, Statutory Rules and Orders, 1926, No. 83, regulate the appointment of an arbitrator or arbitrators. Such appointments are the function of the Reference Committee and are not a matter for me. As I have already indicated in reply to previous questions on the same subject, there is no reason to suppose that procedure by negotiation and agreement will not prove as satisfactory in the cases remaining to be dealt with as it has already proved in all other cases.
Mr. Hogan
Have not allegations reached the Minister that some three years ago the Chief State Solicitor served notice on three people, whom we will call for the moment "A,""B" and "C"; that their cases were particularly for arbitration, and that officials of the Minister's Department said that they would not deal with them by way of bargaining because they were cases purely for arbitration? Three years ago these people were notified, and since then, in these particular cases, no effort has been made from any source, beyond the fact that notice was served by the Chief State Solicitor that these were cases for arbitration and not for bargaining?
I know definitely about these cases, as I have particularly interested myself in most of the cases for compensation. Statements have been made from time to time to people that inasmuch as the amounts that were held out for were deemed to be grossly excessive, no further proceedings would be taken by way of bargaining on that basis, and therefore the assumption was that it would be a matter for arbitration. But no application was made to me to appoint an arbitrator, and I shall take no steps about approaching the Reference Committee until application is formally lodged. I should like to point out that the procedure by arbitration would be much more lengthy than by the method already adopted.
Mr. Hogan
It is alleged that officials from the Minister's Department threatened these people that if arbitration was asked for and brought about, and if the case should go against them, they would have to bear the entire cost of the arbitration, and so they are in suspense for the last three years, having to pay annuities, rates and such things. Would not the Minister consider the advisability of having these cases, in some fashion, considered? Surely it is not fair that they should be kept out of the use of the land for the last three years without having these cases completed?
I am quite ready, of course, to deal with the cases by the process of agreement after a bargain has been reached, if that process seems likely to bring about success. On the other hand, if that is not thought proper and these people make an application for arbitration, we will see about the arbitration.
Mr. Hogan
Why put the onus upon those people themselves?
The Act puts it upon them.