asked the Minister for Local Government and Public Health if his attention has been drawn to a complaint from the medical officer of health, County Clare, relative to the eviction from a cottage by the Clare County Council of Mr. J. Lowe, Clonoughter, Clonlara, his wife and ten children; if he is aware that it was alleged that the Clare County Council rent collector refused to accept the rent of the cottage from Lowe since March, 1944, and that the county council had failed to keep Lowe's cottage in repair; and, if so, if he will state what action he proposes to take in this matter, and in matters of this kind in future.
Ceisteanna—Questions. Oral Answers. - Clare Cottage Eviction.
I have obtained all the information possible in regard to this case, and I do not consider that any action on my part is necessary. The facts are as follows. In September, 1942, the arrears of rent due by the tenant had accumulated to £21 14s. 3d. or more than five years' rent. The Clare Board of Health and Public Assistance had got a decree for possession of the cottage he occupied and had unanimously resolved that the decree for possession be executed.
When the commissioner was appointed the local residents requested him not to have the decree executed and a local farmer volunteered to pay the arrears provided the tenant was left in possession of the cottage. That course was agreed to by the commissioner.
The tenant is responsible for keeping the fences of the plot and the windows of the cottage in repair. He failed to do this and the acting county engineer reported in May, 1944, that there were large gaps in the fence. He further reported that the windows generally were in a bad state of repair and many panes of glass were broken. The engineer also reported that the out-offices had been practically demolished and that the materials had disappeared. Notwithstanding the fact that the tenant was so unsatisfactory in carrying out his commitments in regard to rent and maintenance, the commissioner gave consideration to the question of repairing the cottage but was advised that it was incapable of being effectively repaired, and that a new cottage be built adjoining the site of the existing cottage which should then be demolished.
This course was followed and a contract entered into. In the summer of 1944, however, when the new cottage was nearing completion, Mr. Lowe sued the Clare County Council for failing to keep his cottage in habitable repair and was awarded damages of £25 and costs. Subsequently, when the tenant again fell seriously into arrears of rent and made no effort to pay his rent punctually, the commissioner sued for possession on the grounds of nonpayment of rent and got a decree for possession. When the decree was executed the family wanted to enter the county home, but the husband being in receipt of weekly earnings, admission to the institution could not be authorised. No other cottage was available, and the commissioner felt that as further legal proceedings might ensue, the tenant could not be readmitted as tenant. The assistance officer for the area secured lodgings for the family in Limerick, which is only two miles distant. The family refused to agree to that arrangement, and took up residence in a cowshed belonging to a local farmer. The present family income appears to be £4 a week and the rent of the cottage is 1/7½d. per week. The commissioner could not undertake to admit a family in receipt of such earnings to the county home.
The completion of the new cottage has been somewhat delayed owing to difficulty in getting materials but it should be ready for occupation shortly. It is not correct to say that the rent collector refused to accept the rent of the cottage from the tenants since March, 1944. The information which I obtained shows that a proportion of the rent was accepted from the tenant between March, 1944, and the time of eviction.
I may add for the information of the House that this is the case to which Deputy Keyes referred in his speech on the widows' and orphans' pensions motion.
I wish to thank the Minister for such a detailed reply.