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Dáil Éireann debate -
Thursday, 12 May 1955

Vol. 150 No. 10

Ceisteanna—Questions. Oral Answers. - Vesting of Cottages.

asked the Minister for Local Government if he is aware that occupiers of labourers' cottages in County Kerry were asked to purchase their cottages; that they did not consent to the proposal because they were not satisfied that final repairs had been carried out in accordance with regulations; that, against their consent, these tenants are now deemed to have purchased their cottages; and, if so, if he will take steps to ensure that the final repairs are carried out before vesting takes place.

The responsibility of a county council for repair and maintenance of a cottage ceases when the cottage has been vested. It is not a function of the Minister to determine the validity of a Vesting Order made in pursuance of a statutory purchase scheme under the Labourers Act, 1936.

In September last a circular letter was issued informing local authorities that it was considered most important that the tenants in all cases should be aware, before Vesting Orders are made, of the right of appeal to the Minister for determination of any dispute, doubt or question which may arise as to whether or not a cottage is in good repair or sanitary condition.

Is the Parliamentary Secretary aware that the Kerry County Council made representations to the Department in this matter and that the Minister was asked either to amend the regulations or ask the Land Registry to hold up vesting in these particular cases because the tenants were not legally notified—they had not got the proper notice that they were being vested and under the regulations there is a period set out within which they can appeal to the Minister? In this case the tenants were not given the opportunity of appealing. They were not informed that they could appeal. It is not right that the Department should hold up the scheme or investigate it further. I would ask the Parliamentary Secretary, if at all possible, to make representations to the Land Registry to hold over the vesting orders until this position is clarified.

It is quite correct, as the Deputy states, that representations were made by the Kerry County Council to the Department and, following the receipt of these representations, a senior inspector was sent to the country to make it quite clear to all the officials concerned that the tenants of cottages who applied to have them vested should be advised in every case. We have only received a very few appeals and these have been already dealt with and disposed of by the Department. I did not know and this is the first I have heard from the Deputy that all the tenants were not correctly informed.

They were never informed. To put it mildly, their position was misrepresented. They were tricked into a position where they are deemed to be vested when they should never have been vested until the cottages were repaired.

The Deputy will understand—I am not saying it to him personally—that I must be extra careful what I say about Kerry. I will have the matter referred to by the Deputy looked into.

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