(Tipperary) asked the Minister for Industry and Commerce if he will explain the reason why people whose lands have been taken over in connection with the Shannon Scheme for a considerable time have not been compensated, and if he will state when the matter will be finally investigated and compensation given to those parties whose lands were taken over for the purpose.
Ceisteanna—Questions. Oral Answers. - Land Taken Over for the Shannon Scheme.
Compensation has been paid to every person with whom agreement as to the amount has been reached, except in those cases where the owners have failed to furnish title to the satisfaction of the Chief State Solicitor; and in all such cases compensation will be paid immediately title has been furnished and the relevant transfer deed executed. In the relatively small number of cases in which I considered the compensation demanded to be quite unreasonable its amount will be determined by the arbitrator whose appointment I have applied for and am awaiting.
Mr. Sheehy
Is the Minister aware that in one case where land was taken over four years ago no actual effort was made to settle it? Will the Minister immediately set up arbitration in this case and give the people an opportunity of acquiring compensation?
I have already said that in a small number of cases that really require arbitration I have applied for the appointment of an arbitrator. That appointment does not rest with me. I am awaiting the naming of the particular individual by the Chief Justice. I do not know of any case that has been hanging over for four years and no offer made, but if the Deputy will let me have particulars of any such case I shall have it inquired into.
Mr. Sheehy
There is one case in which land was taken over where the owner has been asking, over and over again, to have arbitration set up. There have been several cases where land was taken over and where arbitration has been denied up to the present.
An application was made recently, I cannot say the exact date, for the appointment of an arbitrator, but at that time there was not considered a sufficient number of cases to come before an arbitrator. This is under the consideration of the person who has to appoint. I am now adverting to the first part of the supplementary question? I do not know any case of over four years old in which no offer of compensation was made. If the Deputy sends me particulars of any such case I will look into it.
Will compensation be paid before the spring of the year so that the people might put their land into commission?
Payment of compensation does not depend upon me. Where agreement is reached compensation in all cases is paid except where title is not made by people claiming the money. I cannot pay compensation until I am advised that title is made. It depends upon those people themselves. In other cases where there is to be arbitration the only question of delay is the appointment of the arbitrator and that does not rest with me.
Mr. Hogan
Will the people entitled to get compensation be notified by the Minister's Department that title is the only thing to stand between them and compensation, subject to agreement in the matter?
Subject to agreement being reached.
Mr. Hogan
Then where agreement is not reached?
Then the case is either going on or the people have not applied for arbitration. If they have not applied I cannot force them. If they do apply an arbitrator will be appointed immediately.
Mr. Sheehy
What is the reason for this delay? They asked for arbitration, but they were not listened to; their letters were not answered.
I do not know any case of that type and I do not believe that any case of that type exists.
Are we right in thinking that the delay in setting up arbitration is due to the fact that there were not a sufficient number of cases. Is that the cause of the delay?
I did not say there was any delay.
The complaint has been made that there have been cases lying over for three or four years.
I would like to get the particulars of the three or four year old cases.
They have to pay the rent and rates on those lands and there is no redress. Is the Minister confident that the arbitration court is about to be set up immediately?
I cannot say.
Will the Minister say when application was made for the setting up of the court?
I could not say exactly. I should say it was a month ago. I would like to answer the Deputy's supplementary question by saying that what has been called a delay may have arisen owing to three causes, first, bargaining going on about the amount to be paid. Where that is the case bargaining is still going on. Secondly, where a conflict had occurred and where people had applied for compensation, as soon as I got a number of cases together I applied for arbitration. There have been cases where compensation amounts have been fixed but payments were not made on account of the legal difficulty of finding the people to whom to pay them.
Surely the Minister will agree that it is three years since I raised these cases with reference to Clare. Letters were sent to his Department in reference to this matter. Surely that matter has been held over since the Shannon scheme works were completed.
Yes, the people were anxious to continue the bargaining process, and it was only about a month ago that applications were made for arbitration.
Surely when the Minister took over these lands he took them over from the rightful owners?
I took the lands over irrespective of whom they belonged to.
Just what he would do.