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Dáil Éireann debate -
Wednesday, 17 Nov 1937

Vol. 69 No. 7

Ceisteanna—Questions. Oral Answers. - Embankment Maintenance.

asked the Minister for Lands whether he is aware that large tracts of land situated near tidal rivers have been covered with water for a considerable time past owing to breaches in the embankments; that the tenants who are not in a financial position to carry out the necessary repair work are required by the Land Commission authorities to pay annuities in respect of the flooded lands from which no revenue is derivable; and if he will have inquiries made for the purpose of (1) introducing more economical and efficient methods of embankment maintenance; (2) repairing existing breaches, and (3) amending the law so that tenants of flooded lands will be freed from annuities in respect of that part of their holdings which is temporarily submerged.

Mr. Boland

I am aware that in some cases flooding of land has occurred following damage to embankments through various causes—including, I regret to say, neglect and misuse by occupants of neighbouring holdings. The existing Land Acts contain provisions for the maintenance of embankments by the parties responsible therefore and the Land Commission, when called upon to do so, has shown itself willing to give such assistance as it is authorised to provide by statute, where the tenant purchasers concerned are prepared to accept and carry out reasonable proposals for repair and preservation. In some instances, I regret to say that the tenant purchasers concerned have not met the Land Commission's offers of assistance in a reasonable spirit but have made exaggerated demands and adopted obstructive tactics, with the result that their lands remain flooded. I fear that some tenant purchasers fail to realise that, as owners in fee simple of their farms, they have acquired the interest which was formerly the landlord's, and that the possession of this interest involves responsibilities as well as advantages.

It should be understood that where holdings have been vested in purchasers the Land Commission is not under obligation to maintain embankments. Such responsibility rests primarily on the adjacent tenant purchasers themselves, assisted by such trust funds as may have been created for the purpose consequent on the sale of estates to the tenants.

I do not see any present necessity for the institution of such enquiries as the Deputy suggests.

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