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Dáil Éireann debate -
Thursday, 10 Mar 1949

Vol. 114 No. 8

Private Deputies' Business. - Repair of Embankments—Motion.

I move:—

That, in view of the extensive damage caused by the breaking of the sea embankments in the areas of Calinafercy, Gurrane, Douglas, Cromane, and Rossbeigh, County Kerry, and having regard to the fact that hundreds of acres of arable lands are rapidly being destroyed and the livelihood of 100 families endangered, Dáil Éireann is of opinion that the Government should regard this matter as of urgent public importance and take action at the earliest possible date.

Almost 12 months ago I put down this motion with the object of drawing the attention of the Government, and particularly of the Minister for Lands, to this problem, which is a very serious one for County Kerry. I would like to emphasise that the Minister did make an effort, which we appreciate, but it was only a gesture having regard to the magnitude of the problem. Some of the estates mentioned in the motion are old Congested District Board estates. Others were handed over in recent times. Unfortunately, the trustee funds which were established at that time are almost exhausted. I have made it my business to check up in regard to these estates the amount of money now available as a maintenance fund. In the Marshall estate there is a sum of £350 available. In the Godfrey estate there is no fund available. In the Wynn estate there is no fund available. In the Wrenn estate there is a sum of £200 available.

Where is that money coming from?

Mr. Flynn

This is the money in the trustee funds in respect of these estates.

Are the trustee funds exhausted?

Mr. Flynn

I am giving the capital that remains at the moment. The problem is so colossal that it is beyond the capacity of the tenants to bear the levy that should be put on them. In connection with the Marshall estate, which was under consideration for at least seven years before the Minister came into office, he allocated a grant of £7,500 for the carrying out of this work on the condition that the tenants subscribed £1,500, approximately. I am giving the Minister full credit for that. Unfortunately, nearly all this £1,500 was levied on five or six tenants who would directly benefit by the work. That is the snag. As far as I can see, if the Minister were to allocate moneys for the repair of these embankments, it would have to be done on that system and we would be back where we started, because the people cannot pay the levies and the Government cannot give a free grant.

This is a national problem, which should be inter-related with the drainage scheme to be carried out by the Minister for Agriculture or with the scheme to be carried out by the Minister for Local Government. Why should we embark on these elaborate programmes which will cost millions of pounds and allow this question of embankments to remain an isolated problem? I suggest to the Minister that it is not good business and does not make sense to treat this problem on its own and to levy the unfortunate tenants in order to build up the embankments. It has become a colossal and an acute problem and should be dealt with on a national basis.

When Deputy Palmer and I put down this motion we realised the seriousness of the position. The position is worsening. The motion refers to hundreds of acres of arable land that are rapidly being destroyed. I mentioned the 100 families and I said that was only a fraction of the people affected and of the farms affected. The landlords repaired these embankments at their own cost in these areas 50 or 80 years ago. Why? Not for the sake of the tenants, but to safeguard their own property. They did so in order to preserve the fertility of the land adjacent to these rivers and they could recoup their expenses by way of rent from the tenants at a later date. Why should some cognisance not be taken of the fact that these people, on their own, cannot pay this levy and that in some way it should be inter-related with the scheme proposed by the Minister for Agriculture or—pending the carrying through of the arterial drainage schemes—with the scheme for which the Minister for Local Government has money available. We realise that this particular backward district is practically at the end of what is described as the Maine catchment arterial drainage area—but when will that come along? As far as I can see at the moment, the Parliamentary Secretary to the Minister for Finance is doing his utmost but, with the best intentions in the world, it would probably take us another year or two at least before we could hope for this arterial main drainage scheme. Pending the operation of that scheme, I would suggest to the Minister for Lands in all earnestness that this question of embankments is not a patchwork question. It is not to be settled by giving £100 now and £100 in six months' time, and patching up one gap in a bank now because the next time you come along you will find another 1,000 acres flooded out in some other section. We have reached a stage in our county and, I suppose in every other county as well, when this must be looked upon as a major undertaking. It must be looked upon in the same light as the Minister for Agriculture looks on the question of field drainage and the Board of Works looks upon their arterial drainage schemes.

I refer to these Congested Districts Board estates. In part of this proposal reference is made to the Wynn estate, Rossbeigh, County Kerry and the Cromane, Ventry estate. There is no maintenance or trustee fund available for these two estates which are in congested districts. In one case, as a result of a breach in the embankment, 200 acres of land are now useless. These 200 acres were divided into the arable little holdings of 30 tenants adjacent to that embankment who had, on an average, ten to 12 acres each. The land adjacent to that seaboard is now useless and how can this levy be enforced under the Minister's present system? The tenants pay a certain proportion of the amount allocated, and the Government pays the rest. How can you put that into operation in these districts? Not one of the holdings on these two estates is over £3 valuation. Deputies might be surprised to learn that in Kerry there are 20,000 farmers whose holdings are under £5 valuation. How can the Minister expect a levy from these people to repair these embankments?

I give every credit to the Minister for what he has done in regard to the major question of the Marshall estate. He tackled that problem which was left for seven years and I would point out that other problems, even though they may be on a smaller scale, are just as vital and just as important. In fact, they are more so because in these congested districts the numbers of people on these two estates are great and the holdings are very small. They have nothing left to live upon. I make that case in all earnestness. I am giving the facts as they are. Deputy Palmer can bear out everything I have said. He has been in the district and has travelled through it. I have every confidence the Minister will meet us in that matter.

I second the motion proposed by Deputy J. Flynn. It is rather difficult for anybody who has not seen the district or seen the construction of these embankments to understand their importance. In fact, it was only after my election as a Deputy that I visited Lisheen so as to find out for myself the damage that was being done by the breaches in these embankments. The present embankments were built in 1914. I understand that, as Deputy Flynn has pointed out, the old landlords, in years gone by, built certain embankments. Gradually they wore away and the land was being eaten up until, eventually, in 1914, the Congested Districts Board built these embankments right along the banks of the Maine, from Firies for miles down to Rossbeigh along the shore to Dingle Bay. They were not of very good construction. They were rather narrow and too low. However, they served their purpose for the time being. In fact, the first real breaches occurred when a drainage scheme was carried out in a tributary of the Maine. I referred to it here the other night in connection with the motion on arterial drainage. The Brown Flesk was drained and when that was done the floods came down the Maine valley. So far as I can understand, that was the first real cause of the breaches which have occurred in these embankments. It was a very strange way of carrying out a drainage scheme. Anybody with ordinary sense would know that whatever drainage should be carried out in connection with a river or stream should be begun at the mouth, and carried out progressively until the source is reached. The reverse happened in this case. There are thousands of acres of land flooded because of those breaches.

Some time before Christmas I was called specially to see what had occurred on the River Maine from Castlemaine to Firies Bridge, a distance of about six miles. All that beautiful valley, where you have some of the richest land in Ireland, was one immense lake. That situation continued for weeks. Further down the river the same thing frequently occurs, especially when there are spring tides. In several cases the floods created by these breaches in the embankments surround the people's houses, and the people have lost their stock. If the breaches, when they occurred at first, had been repaired, the work would have cost only a comparatively small amount, but month by month and year by year the breaches were being enlarged, so that to-day it will cost thousands of pounds to put them in a proper state of repair.

All those tenants living along the River Maine, and along the banks of Dingle Bay where the floodings occur, are very poor. Their farms are small, and yet they have to pay high rents and rates. In fact, they must be a patient and strictly honest people since they meet their demands in that respect and I am informed they do so punctually and regularly. As Deputy Flynn has said, all credit is due to the present Minister for Lands. Very soon after he came into office he went down to see for himself the damage that was being done. At any rate, he saw a great portion of it and he saw the system of drainage that I have mentioned. He understands, I am sure, the damage that was done lower down the river. Work is proceeding in the repair of the breaches in the Calinafercy area, and farther down the river where you have breaches at Cromane and Rossbeigh. Now, it is absolutely necessary that further sums should be voted for the repair of these embankments. As I have said, if that had been done some years ago when the breaches first occurred, the cost would have been little, but now I am afraid the Exchequer will have to open its purse strings wide in order to carry out the repairs referred to in this motion as well as in the embankments between Castlemaine and Firies. I want to direct the Minister's attention to that. In fact, I am sure he has already seen the damage that has been done in that rich valley.

Now, people have to live in those areas. The land they have is their only means of support. The Minister for Finance lives out near the sea and the Minister for Lands somewhere near Howth. Suppose the foundations of their houses were undermined by the sea, one can imagine the turmoil that would be created in this House and all over the city, and yet the poor people who live down in this area are having their way of living destroyed by the sea and the waters of the lake.

Anybody who goes down there and sees the damage that is being created by these floodings would certainly do everything possible to get the necessary funds to put the embankments in a proper state of repair so that the people may be put in a position to get on with their work. There are several farms in those areas which, at one time, supported as many as ten or 12 cows. To-day the people can only keep three cows, because their land is being destroyed, wasted and flooded. The curious thing is that they still have to pay the same rates and annuities as they did before the damage was caused. That is hardly fair.

I understand that certain sums of money were set aside as a capital fund and put in charge of trustees. The interest on that money was to be devoted to the repair of the embankments. So far as I understand, the position is that the trustees have no power at all to interfere with the capital sums, but only with the interest, for the repair of small breaches. The trouble is that the interest which accrued from the trust funds on the various estates was not sufficient to repair the breaches when they became too enlarged. I would ask the Minister to look into the matter and see if the funds are still intact. I am not sure that they are. At any rate, I see no reason why the money could not be used now for the proper repair of the breaches that have occurred.

I do not intend to delay the House further. If Deputies could picture for a moment the great destruction that has been done to the land of the farmers in that area, if they could see the beautiful land that is being rendered useless, I feel sure they would do everything possible to alleviate the distress of those people and ensure that the embankments were put in a proper state of repair.

Deputy Flynn and Deputy Palmer have made a very excellent case for the repair of these embankments. As far as I am concerned, the two Deputies are pushing an open door. At the outset I think it is only right to inform them and the House that the Minister for Lands is not responsible for those embankments. The misunderstanding that has arisen is, I think, explained by the fact that the Land Commission did undertake liability for the repair of certain embankments in Calinafercy last year.

I think it might be helpful to Deputies in the future if they were aware of the fact that, once farmers are vested in their holdings on any particular estate, the liability of the Land Commission ceases on the vesting. The responsibility of the Land Commission exists only up to the time the farmers are vested. The Land Commission has no wish to shirk the responsibilities it takes over from landlords on the purchase of various estates, but, as I have said, once the tenants on an estate are vested, then all further responsibility passes from the Land Commission, either to the farmers themselves or to some other Government Department.

The work that both Deputies referred to, Deputies Flynn and Palmer, at Callinafercy, was undertaken by the Land Commission because the Board of Works were overburdened with the Arterial Drainage Act. There is also the point that the Land Commission officials have more experience in the maintenance and repair of embankments than perhaps any other officials. It is a highly technical job. The embankments were established many years ago, in most cases by the landlords. By the time the estates were taken over, some embankments were in good repair, but others were broken down and useless and these were repaired by the Congested Districts Board or the Land Commission, according to the area in which particular estates were situated. At any rate, the Land Commission and the Congested Districts Board maintained them, while the responsibilities of landlords existed in their hands—that was, up to the time of vesting. After that they passed out.

In the case of Calinafercy, I am informed that that is not a river embankment; it is a sea embankment. A breach occurred there in 1942. It was a pity the then Minister for Finance did not grant a small sum when the breach was only 14 or 15 feet wide. The sum mentioned by Deputy Flynn was granted some time last Fall and a considerable amount of the money has now been expended in the work of repairing that embankment. The work had to be suspended during the winter months. It went on very easily at first, but you cannot expect men to repair an embankment with the sea on both sides of them, as it would be during the winter months. As soon as the fine weather sets in the work will again get into full swing and we will try to save that huge peninsula.

I walked over that place, I saw those embankments and I am fairly well acquainted with the difficulties there. Deputies know as well as I do that you cannot rush such a job as this. You cannot rush in machinery and you cannot rush in gangs of labourers to do the job in a hurry. I am informed that it is the type of job that must be well done. I went to the trouble of seeing those places and I have some experience, not perhaps of the type of flooding with which the Deputies are familiar, but of flooding in general.

Deputies know quite well that the Government have given serious consideration to the subject of relieving land of flooding. The Government are deeply interested in drainage, especially field drainage. We have taken more than an active interest in these matters and we are determined to do all in our power to bring about an effective system of drainage. There are many rural improvement schemes and field drainage schemes about to be initiated by the Minister for Agriculture. We know there is a vast amount of land all over the Twenty-Six Counties subject to flooding. A vast amount of that land is under permanent flooding. The important point is that the flooding is not remaining where it is, it is encroaching, stealing a few more acres year by year. We are determined to put an end to that. The Arterial Drainage Act cannot come into operation in the 107 catchment areas all at once. It would not be wise to do it. In the first place, it would cost a lot of money, and again, it would use up all the available labour — indeed, it would require more than all the labour that could be procured. As it is, we are getting on pretty well.

The River Maine embankments, to which this motion also applies, are in reasonably good repair, except at Rossbehy. That is a job that will soon be completed, and I have no doubt an excellent job will be made of it when the Arterial Drainage Act is applied— and that is not very far away now.

The question of trustee funds was raised to-night, and on other occasions also. Trustee funds were established in most cases where the liability of embankments lay on the Congested Districts Board and the Land Commission in connection with estates taken over and a sum was set aside out of the purchase money. The interest on that sum was to keep the embankments in repair. In some cases some of the capital has been used. That was according to the damage done by storm and high tides and exceptionally heavy rainfall. I suppose the interest accumulating on these trustee funds was not sufficient to meet all the requirements. It appears, however, that the fund was not left intact and the interest was not supplemented from Government or other sources.

It is just as necessary to keep embankments in good repair as it is to establish them. We all know the damage rats or rabbits can do. Farmers, through carelessness, allow their stock to wander along the embankments and that is extremely damaging, because once water pours through even a small hole, as wide as a fountain pen would make, a breach is gradually made. The earth slips away and soon the opening becomes formidable. Apart from that, the banks themselves are sometimes built on alluvial soil. This is found along the banks of many rivers. From the day the embankment is made it is gradually sinking. As Deputy Palmer said, some banks were not made high enough. I think they may have been made high enough in the beginning, but they are constantly settling down into the soft alluvial soil and they must be kept in repair frequently.

The embankments mentioned in this motion are not the responsibility of the Land Commission, but I do not want Deputies to think that we are shirking any responsibility of maintaining them. The farmers there are suffering considerably; they are absolutely robbed because of the broken down embankments. They have my full sympathy. I was not very long in office, as Deputy Flynn stated, when I granted £7,700 for the repair work at Calinafercy alone. The area thus saved from the sea is a considerable one. I understand that two or three hard-working farmers are being flooded out in that particular peninsula. I was only too glad to be able to come to their assistance.

I am not making any hard and fast promise, because this is a matter which will have to be taken up by the Board of Works, which perhaps might hinder or impede the Board of Works people when they come along to do the main job of arterial drainage. It is possible that their engineers might set the banks further in. It is possible they might want more room between the embankment and the brink of the river in order to put their dredging machines to work. Naturally we do not want to have two Government Departments impeding each other in the one job.

I assure the Deputies that I would like to do this work now and that money would be no object as far as I am concerned. But in a space of a year, or two years, these people will have the benefit of arterial drainage and I am sure the Deputies who put down this motion would not ask me to spend £18,000 to £30,000 on this job when they know that on some future occasion proper arterial drainage will be carried out there. Patching up is of very little use because a sudden storm or bad weather may undo all the work overnight. Embankments would cost anything up to £30,000 to repair now and the possibility is that the Board of Works might subsequently have to remove these in order to carry out their main scheme. Speaking now as a layman, I understand that they will have to remove anything from four to eight feet of silt which has accumulated in the bed of the river Maine over the last 25 or 30 years. That silt will be dumped on either side to make an embankment, such an embankment as will never cause any worry to the farmers in relation to repair during their lifetime or in the lifetime of those who come after them. The Brosna scheme is well under way and the job of work that is being done there is far beyond the expectations of even the most critical of us.

This is not a case of having my hands tied by the Minister for Finance. I could to-morrow go ahead and repair the embankments, or build new ones. Repair or replacement would have to be carried out on the site of the existing embankments because the foundations are already there. It would be foolish to do any work of that character now because the Board of Works might subsequently have to wipe away all that work in order to carry out their particular scheme. That is the situation. I would like to come to the rescue of these farmers. I know what it is to have flooded lands. I know what it is to have flooding because of heavy rainfall in the months of August and September with potato crops ruined overnight.

I know what it is to have a beet crop ruined by flooding or to have stooks of corn washed away. I know the despair and despondency that can strike the heart of a farmer when he sees the results of his labours floating around in several feet of water. That is why the Government is so anxious to carry out arterial drainage, plus the scheme announced by the Minister for Local Government some time ago and the reclamation scheme announced by the Minister for Agriculture recently. We know these are absolutely essential. We know that you must first tackle the main river and then the tributaries; when that is done we shall do the field drainage. Until that is done agricultural production cannot be stepped up to the proper level, and the prosperity of our farmers will remain in jeopardy.

I admit that the scheme announced by the Minister for Agriculture in relation to field drainage is an ideal one. So also is the scheme announced by the Minister for Local Government. But can we leave this problem of the embankments alone? Is that not related to the fact that if you drain the land on either side of these embankments you will be creating another problem? Then you have the sea breaking in and the backwash of the field drainage at the other end.

I am quite aware of that. That is why you must first tackle your outfall. It is only the Board of Works people who can do that. Then you can proceed upstream and clean your channel. Your outfall may be either the open sea or an inland lake. Whichever it is you must first prepare your outfall. Where the tide rushes back up the river for three or four miles the silt taken out by the dredgers will form an embankment sufficient to safeguard the possibility of any future flooding. In some cases field drainage cannot be put into operation because there is at present no outfall. I believe that some of the field drainage schemes will have to be left aside until main drainage is carried out. But there are hundreds of thousands of acres which can be drained under the field drainage scheme. We are going to go ahead with all the drainage we can in that connection. We are taking steps to ensure that such drainage will not cause flooding. We know exactly where we stand and we know our capacity in relation to drainage generally. We know what we can do upstream which might cause damage lower down. We shall undertake no work upstream which might cause damage lower down. It is no use taking flood water away from one section of the farmers and inundating some other section lower down. That is what would happen if there was not a proper outfall. Any money we might spend now on repair work would be money wasted to a great extent. There is no use spending £30,000 on a job which will be rendered useless when the Board of Works comes along to do a proper arterial drainage scheme.

I would ask the Deputy to withdraw the motion for the reasons I have stated. The Government is sympathetic in the matter, but it must act judiciously and wisely. Deputies have my assurance that the farmers in this area have the sympathy of the Government. We know what is happening. Rome was not built in a day. We have only been 12 months in office, but during that 12 months we have done more in relation to drainage than has been done in the last 25 or 30 years.

Is it proposed to finish this debate before 10 o'clock?

A period of three hours is allowed for the discussion of the motion.

If Deputies opposite have in mind the conclusion of the debate to-night, I do not think there are many more speakers. It is a matter for the House. Of course, according to Standing Orders, three hours are allowed for the debate.

I was just suggesting that if there were not many more speakers, it might be possible to finish the debate to-night.

It cannot be finished. There is not sufficient time.

I shall not be long. It is a question for the House.

What is the point?

The point is that there are two hours of this debate still to go, but, seeing that it is a local matter, I do not know whether there will be any more speakers. If there are no more speakers it might be possible to conclude the debate to-night.

Deputy Kissane is entitled to speak as long as he wishes.

I shall start off then by asking a question of the Minister. Reference has been made to the carrying out of the Calinafercy scheme both by the Minister and by Deputy Flynn. I should like to get the date on which the Land Commission sanctioned that scheme.

The 5/10/1948.

No, 1948.

There is something wrong with that.

It was some time during the month of October.

No, in 1948, some time about last November.

If my memory serves me right, that scheme was prepared by the former Minister for Lands.

In this matter I do not want to take any of the honour or kudos that is due to the former Minister, but the facts are: representations were made time and time again. I do not know all the steps the former Minister had taken to get this matter going, but what I do know is that representations were made in the last session about the matter. Deputy Flynn and Deputy Palmer pressed me very hard all during last summer, but the sanction was not given until some time in the Fall. I am not sure whether it was on the 5th of October the work commenced, but it was definitely last autumn the final details were arranged. I do not want to take any of the credit due to my predecessor in this matter.

Deputy Flynn suggested that no schemes of this kind had been carried out by the Land Commission for the seven preceding years. The fact of the matter is that the Calinafercy scheme was one that was prepared by the Land Commission before the present Minister took over.

But not sanctioned.

It is not right for Deputy Flynn to state that nothing had been done during the seven years before there was a change of Government.

I now find that sanction was definitely given only on the 5th October, 1948.

Was the scheme prepared before that?

Seven years before that?

I cannot say offhand whether the scheme was prepared, but I do know that representations were made both before I took office and after I took office, but a scheme had not been sanctioned when I took office. It was not sanctioned even last July when the Dáil rose because Deputy Flynn was hot on my heels about the job. I must give him that credit.

My submission is that representations had been made and were being made by other Deputies prior to the month of October, 1947, and that a scheme had actually been prepared long before that date for the purpose of carrying out repairs to the embankment at Calinafercy.

If the first breach in 1942 had been attended to then, £120 would have repaired the breach which will now cost £7,700 to repair.

There were many cases like that.

Not many of them.

The Land Commission did carry out repairs in that constituency and in other constituencies during that period. What I want to impress upon the House is that it is not right for anybody to suggest here that nothing had been done for seven years prior to the taking over of the Land Commission by the present Minister. I do not want to refer to these matters at all because it is a narrow policy to follow and it does not matter in the end who does the work.

Was anything done during these years?

It was done.

There was no plan necessary except to give the engineer the "O.K." to go ahead and let him employ gangers who knew the work that was to be done. There is no need for a plan any more than there is to repair a broken down sod bank on an ordinary farmer's holding. There is no plan needed.

There is a very elaborate plan.

The inspector in charge could be given the money and told to go ahead with the work.

If my memory serves me right I had communications with the Land Commission about this job at Calinafercy. I am sure if the Minister would look up the file he would find that that is correct. Other Deputies had a hand in the business also. It was not left to Deputy Flynn or to anybody else to come along to put the final touch to it.

He has done no harm, anyway.

The Minister said that the Land Commission were not accepting responsibility for the upkeep and maintenance of river embankments where the land is vested in tenants. I do not know what the mover of the motion wants, whether he wants the Land Commission to accept responsibility in cases where the land is vested in the tenants.

That is what he is asking in this particular case, that the Land Commission should accept responsibility to carry out the repairs.

I did not gather from the Minister whether he is acceding to that request or not, whether in future there is going to be a change as a result of the motion tabled by Deputy Flynn and Deputy Palmer.

There might be.

If there will be——

There might be, not "will be".

——we shall know where we are. If responsibility will not be accepted by the Land Commission for the upkeep and maintenance— first of all, for the repair of the embankments, because the repair and maintenance are two different things— then we are not getting away from the status quo and it would be as well for the Minister to tell the mover of the motion that that is the case, that we are not getting away from the status quo—in other words, that the position will be the same after the acceptance of this motion. I move the adjournment of the debate.

Debate adjourned.
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