I move:—
That Dáil Eireann is of opinion that Section 25 of the Local Government Act, 1925, be amended to empower local authorities to repair and maintain from local funds any road which ordinarily is of service to two or more tenants.
I feel that there are few Deputies who would not be relieved if the Minister could see his way to accept the proposals in this motion. I am sure that many Deputies, like myself, are inundated with requests from various parts of the country to have steps taken so that these roads could be repaired by local authorities. There is a demand for the repair and maintenance of these roads but, as the law stands, they do not come within the category of roads that can be maintained by local authorities. Prior to 1942, owing to the elasticity of the expression "public utility", such roads were, in many cases, maintained by funds provided by local authorities, but whether it was through generosity on the part of auditors or ignorance on the part of the councillors concerned, in a few cases surcharges took place. Now that we have installed in each county a county manager we find that many roads which came within the category of roads controlled by local authorities cannot be repaired or maintained by them. I am wondering what case the Minister can put up for legislation as it stands. For instance, for the upkeep of a road of a width of 11 feet, connecting two main roads, a local authority has absolute power to give a grant out of its funds, whereas roads, which might be classified as culs-de-sac, on which ratepayers, who pay much larger amounts than others living on communicating roads, are deprived of any funds for their repair.
That class of people have had for years to plough through mud and slush in order to attend to their farming duties. In many cases, they are prevented carrying out their work in a proper way owing to lack of accommodation. They have been deprived in many cases of facilities for attendance at Divine worship. At the same time those living on these roads, being large contributors to local rates, have had to provide roads for motorists and others. They have also to provide high-class roads for the convenience of that monopolistic body, Córas Iompair Eireann, the making of which, in the aggregate, cost about £1,500 per mile.
I ask the Parliamentary Secretary if it is fair or right that these people should be asked to contribute to the upkeep of roads from which they derive no benefit. The legislation which prevents the maintenance of these roads was, I believe, more or less substantiated in the courts in years gone by, but to maintain such legislation is to perpetuate the memory of chief Baron Palles, who decided that the roads with which I am concerned could not be legally maintained by local authorities. We know that he was a person of perverted mentality and had an oblique sense of justice as far as this country is concerned. There is even a greater absurdity regarding the position of by-roads. In many cases, what were known as Grand Jury roads, if used only by one family, or by one man, could be legally maintained at the expense of a local authority, while a cul-de-sac, which might accommodate ten families, could not be maintained. I ask every Deputy to consider the position fairly and dispassionately, particularly Deputies who are members of local authorities. They will certainly agree with me that there is a clamant demand for the repair of the roads with which this motion is concerned. I know that Deputies have been inundated with requests of that kind from day-to-day. No political issues are involved in the motion, and the acceptance of it by Deputies on all sides will not involve any sacrifices of political principles. I expect every Deputy to favour the motion.
Even at this late hour I ask the Parliamentary Secretary to give consideration to a section of the community which is paying taxes but getting no benefit. I also ask the Parliamentary Secretary who, I am aware, has a good idea of rural conditions, but may not be acquainted with this particular position, to discuss this matter with his Party. In particular, I advise him to discuss it with my colleague, Deputy O'Rourke, who has time and again raised it at Roscommon County Council. It has been raised not only at Roscommon County Council but at every county council in the Twenty-Six Counties. The Parliamentary Secretary will find that I am not exaggerating or misrepresenting the situation. With these facts before him, I earnestly hope that the legislation will be altered in such a way as to meet the demand of the people for whom I speak.