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Dáil Éireann debate -
Tuesday, 15 Jul 1952

Vol. 133 No. 7

Ceisteanna—Questions. Oral Answers. - Local Authorities (Works) Act.

asked the Minister for Local Government if he has yet investigated the unlawful and unjust levy by the Cork County Council on the Urban Council of Cobh of a sum of £700, which represents approximately 8d. in the £, in respect of work carried out in Cork County under the Local Authorities (Works) Act, and if he is aware that no work under the provisions of that Act has ever been undertaken by the county council for Cobh Urban Council, who carry out schemes and administer their own grants under the Act and, therefore, cannot be held liable for any share of the expenditure of the Cork County Council in this respect; and, if so, what steps he is taking to prevent this money being levied on the ratepayers of Cobh.

A sum of approximately £700 included in the demand made by the Cork County Council on the Cobh Urban District Council in respect of the financial year 1952-53 represented the apportioned share against that urban authority of the difference at 31st March, 1951, between receipts and expenditure on works executed by the Cork County Council under the Local Authorities (Works) Act, 1949. Expenditure occurred in relation to such scheme is a county-at-large charge towards which the urban areas are statutorily bound to contribute but, as the Deputy is aware, my Department makes 100 per cent. grant available in respect of works carried out under approved schemes.

I have had the matter taken up with the Cork County Council, who have informed me that the amount so charged will be fully offset in the demand on Cobh Urban District Council for the ensuing financial year.

I should like to ask the Minister under what Act this has become a county-at-large charge, seeing that the urban council carry out their own scheme, administer same and pay for same? How is it that the county council are entitled to levy a sum of 8d. in the £ on the Cobh ratepayers in respect of this work?

The position has been fully explained to the Deputy in a letter from my Department. This is purely a book-keeping arrangement and there is no such thing as levying on the urban council in question in a permanent way.

I have told the Deputy in a letter that the auditor was instructed to take this matter up with the county council accounting officers in order to see if there is not some more simple method of dealing with the matter.

Our trouble is that we know that whenever the central authority or the local authority make a levy on the ratepayers or taxpayers that money is gone anyway, and that there is very little hope of getting it back. It is a rather serious matter to make a levy of 8d. in the £ on these ratepayers.

I have told the Deputy that full credit will be given to the local authority concerned for this money in the following year. Whatever may have been his experience in other matters, that assurance is complete and absolute.

asked the Minister for Local Government if he is aware that an unjust levy has been placed by the Cork County Council on the urban councils of Cobh, Fermoy, Midleton and Youghal, in respect of the difference on 31st March, 1951, between receipts and expenditure on works undertaken under the Local Authorities (Works) Act, and that these councils had no works under that Act carried out by the Cork County Council; and, therefore, cannot be held liable for any share of such expenditure; and, if so, if he will state the total amount to be levied on the ratepayers in Cobh, Midleton, Youghal and Fermoy in this respect, and what it represents in pence in the pound in each urban area, and what steps he is taking to stop the levying of such unjust taxation.

The sums demanded by the Cork County Council in 1952-53 from the urban authorities mentioned by the Deputy in respect of the proportionate shares of the difference at 31st March, 1951, between receipts and expenditure on works carried out by the country council under the Local Authorities (Works) Act, 1949, are as follows:—

Cobh

Fermoy

Midleton

Youghal

£732

£398

£275

£484

The amounts represent a poundage rate of approximately 8d. Expenditure under the Local Authorities (Works) Act, 1949, is a county-at-large charge towards which the urban areas are bound in law to contribute but my Department allocates 100 per cent. grants in respect of works carried out under approved schemes. As recoupment has been made to the Cork County Council, the demands on the urban authorities for the ensuing financial year will receive credit for these amounts.

I have asked the Inspector of Audits of my Department to discuss with the accounting officers of the Cork County Council the preparation and computation of the apportioned shares of charges to be included in demands made by the county council on the urban authorities.

I should like to inform the Minister that I have already discussed this matter with both the manager and the accounting officers of the Cork County Council. They say that it will entail legislation. I wonder would the Minister look at it in that light and see that legislation is introduced to protect the ratepayers in these areas?

It would not be a bad idea if the Deputy discussed this matter with these officers again because I have told them that there is no question of amending legislation. It looks to me, however, a fairly crude method of book-keeping. I have assured the Deputy already that the urban councils in question will not suffer any loss as a result.

I will have to introduce a private Bill myself to clear up this mess left by the inter-Party Government.

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