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Dáil Éireann debate -
Wednesday, 15 Nov 1950

Vol. 123 No. 5

Adjournment Debate: Clare Compensation Case.

On the Order Paper to-day I had the following question:—

"To ask the Minister for Industry and Commerce if he will state what compensation, if any, he proposes paying to Mrs. O'Neill, Hurler's Cross, Clonmoney, County Clare, for the loss of her business and furniture and depreciation of her house in consequence of his Department notifying her that the house was being taken over for departmental purposes and ordering her to secure alternative accommodation."

The Parliamentary Secretary, replying to that question, stated that no acquisition Order was made in respect of the premises occupied by Mrs. O'Neill, and accordingly no compensation falls to be paid. I should like briefly to outline the facts of the case, and I appeal to the Parliamentary Secretary to take a more humane view of the case than he has so far shown. The facts are that Mrs. O'Neill, a widow of a former member of the Garda Síochána, with her child, carried on a small business at a place called Hurler's Cross, Clonmoney, Co. Clare. In 1945 she was approached by an officer authorised by the Parliamentary Secretary's Department and informed that her house and plot were acquired for State purposes. A month later the same officer called on Mrs. O'Neill and told her that she would have to make arrangements to vacate her premises and to secure alternative accommodation within a period of three months. She accordingly closed her shop, discontinued her business, and sold her furniture. In consequence she did not carry on the usual repairs, including the thatching of her house, with the result that the condition of the dwelling-house has very much deteriorated since. She was never informed subsequently that her house and premises were not being acquired. She was not informed of any change of policy on the part of the Department. Most of her neighbours who were similarly circumstanced have been paid compensation, but this unfortunate woman alone has been excluded. In reply to a recent letter written to the Department, the Minister stated that they did not require the house, and that, if she was so informed, it was a mistake.

This woman has a very strong moral claim for fair compensation by the State if she has not a legal claim. I would appeal to the Parliamentary Secretary not to take his stand on a legal technicality but to face up to the facts of the case and see to it that this poor widow will not be made the victim of State action. She certainly is entitled to some compensation because of the State action. I hope that the Parliamentary Secretary will do his best to see that justice is done to this poor woman. The amount involved is a small mite so far as the State is concerned but to her it means all. Ways and means could be found to meet her claim if the Parliamentary Secretary and the Government took a humane view of the case. They could provide the wherewithal very easily. It would not be a terrible burden to impose on the State and it would mean all the difference to this poor woman and would perhaps save her from penury in the end of her days. She has been forced out of business by State action and she finds herself now in the unfortunate position that she is refused compensation because of a legal technicality. She was informed, as I say, that her house and premises were required for State purposes and she was not informed, until her business was lost, that they would not be acquired. I would appeal to the Parliamentary Secretary to take a humane view of this case. She surely has a moral claim for compensation. That being so, I think the Parliamentary Secretary should have at least a little bit of humanity and view this case as an ordinary fair-minded man would.

I should like to say a few words in support of the case put forward by Deputy O'Grady. Whatever legal action may have been taken, there is no doubt whatever that a decision was made by me, as Minister for Industry and Commerce, to acquire this property in County Clare in 1945 for the construction of dwelling-houses for workers employed at the airport. The workers employed by the Department and by air companies using the airport were complaining about their inability to get housing accommodation in Limerick and the high price of the housing accommodation available there. It was, therefore, considered desirable to construct a village adjacent to the airport to house these workers. The area to be acquired was selected, plans were made for the works to be carried out and everything was brought to the point at which only the formal act of acquiring the land had to be completed and the works commenced. At that stage the workers concerned, employees of the Department and of the air companies at the airport, intimated certain objections to the proposal. They disliked the idea of living in this isolated village where they would, in their hours off, meet only the same people with whom they were associated at work and they urged that, if accommodation was to be provided for them, it should be at Limerick. The representations they made were so strong that the scheme to build the village was abandoned.

What, however, had happened prior to that? The officers of the Department charged with the responsibility of carrying through the decision of the Minister visited the land to be acquired. The most of it was just agricultural land, but on the site there was also this shop. They informed the woman who owned the shop that it was going to be acquired by the State, as the site was needed for State purposes and that she would be well advised to get out of it and find accommodation elsewhere before it was taken from her. She did so. She left the premises, and in the belief that the premises were going to be taken over by the State, she allowed them to go derelict. Now it has been announced that the land that was acquired is to be given back and that compensation is being paid where there was disturbance, but in this particular case, because there was no formal act of acquisition, it is said that compensation is not payable. The only defence to this claim is a purely technical one, namely, that the formal step of acquisition was not taken. She left the premises, however, because she was told by an officer of the Department that they were being acquired. She left her house in the belief that it was going to be demolished and took no steps to keep it in repair. It is now completely out of repair, I understand, incapable of being inhabited, but she is informed that it is hers again and that she will not be disturbed. It seems clear to me, apart from any legal claims she may have, that the Government should make some ex gratia payment of compensation for the disturbance which followed the official decision to acquire the property.

I would like to say that I agree with Deputies that it is very unfortunate that a decision of this sort operated in the way it has operated, and I sympathise with the person who finds herself in such circumstances. It is easy to see how it creates a very difficult problem for the individual and, as Deputy O'Grady remarks, it is a comparatively small amount from the point of view of the State, but a comparatively big matter for the individual concerned. I think, however, that in this case it is necessary to get the facts about it right.

The cottage was included in the lands originally proposed to be acquired in connection with the establishment of a village settlement at Firgrove, and an officer from the Department interviewed the owners and occupiers on the land in May, 1945. In June, 1945, it was decided at a meeting in the Department of Industry and Commerce that the cottage should be excluded from the acquisition. In August, 1945, a vesting Order was made under an Emergency Powers Order which operated to vest the lands in the Minister for Industry and Commerce in connection with the village settlement. The cottage was not included in that Order. Each tenant was furnished with a copy of the vesting Order and map and the owner of the cottage, who was not actually the tenant—the owner was a Mr. Brennan—received a copy in connection with the acquisition of a forge, but the cottage was not included as it was not being acquired. Following the service of the Order the Department of Industry and Commerce valuer and an inspector from the Land Commission interviewed the owners and occupiers concerned on the question of compensation. On that occasion neither Mr. Brennan the owner nor Mrs. O'Neill, the tenant, was interviewed. Subsequently it transpired that the land registry had misread the acquisition map and had transferred the cottage to the Minister. That mistake was rectified three years after in 1948 when it was discovered, and it appears to have no bearing on the case because the records show that no one examined the records or inspected them. It was not until September, 1948, three years afterwards, that any claim was made, and subsequently representations were received in the Department. Deputy O'Grady and Deputy Hogan, the Leas-Cheann Comhairle, both made representations.

I do not know whether in the light of those circumstances Deputies feel that there is the same justification for compensation as would appear at first sight because although the person concerned was interviewed in May the matter was set right within a month and as far as I know there is no evidence that the person sold within the month or left the place. The Order was made and this cottage was excluded. The vesting Order was published in August.

I should like to point out that this woman was a tenant of Mr. Brennan's and was paying him an arranged rent.

When did the woman leave the place?

She gave it to be understood that she had orders from a Government Department to go.

She was visited by a Government inspector in May, 1945.

And a month later.

That does not transpire because my information is that she was not interviewed a month later and the decision was taken in June not to take the cottage. The Order was published in August and the cottage was not included. It is a question of time. If the woman sold within the month I believe that there is a good case but not if it was after the Order was published and the second interview with the other owners in the locality because it is obvious that the news would get around that inspectors were interviewing people in the area it was proposed to acquire. The whole case turns on whether Mrs. O'Neill sold her right in the premises—she was only a tenant—within the month and I do not think that there is any evidence to show that she did. The significant feature of the case is that there was no application for compensation for three years. The Order was made in August and as far as everybody else was concerned the matter ended in August. I think it would be a strange interpretation of humanity to press the claim of Mrs. O'Neill.

I want to put one thing that occurred to me to the Parliamentary Secretary. His records show that there was not a second visit.

Neither Mrs. O'Neill nor Mr. Brennan was interviewed on the second occasion.

Deputy O'Grady's information is that it was on the second occasion she was visited and told to get out as the cottage would be acquired. Although it was decided not to acquire the cottage it was in fact acquired due to an error in the Land Registry. Is it not conceivable that the official who went down on behalf of the Minister for Lands made the same mistake, and told the woman that her cottage would be acquired if there was a legal document made out to acquire it?

That is possible, but the Order was published, I take it, in the local Press, and when the Order was made in August, 1945, the cottage was not included. It does not transpire either from what Deputy O'Grady said or from my own information whether Mrs. O'Neill left the premises between May and August. Certainly no claim was made until August, 1948, which was the first time that a claim was made for compensation. If this person was prejudicially affected she would have made a claim before a period of three years had elapsed.

That is so, but people misunderstand their rights in such matters. This however is a question of fact.

What is the question of fact? I do not want it to be taken that I am assenting——

Or dissenting if the facts show——

——if the facts are other than I have stated here. I will look into the matter again.

I would ask the Parliamentary Secretary to inquire of the officer who looked into the matter. I presume he is still available and he should be able to clarify the situation.

Could the Deputy tell me when Mrs. O'Neill left the premises?

I have not got that information, but I will get it for the Parliamentary Secretary and inform him at the earliest possible opportunity.

The Dáil adjourned at 10.50 p.m. until 3 p.m. on Thursday, November 16th.

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