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Dáil Éireann debate -
Wednesday, 18 Jul 1956

Vol. 159 No. 8

Housing (Amendment) Bill, 1956—Committee Stage (Resumed) and Final Stages.

Question proposed: "That Section 10 stand part of the Bill."

This section deals with the provision of grants for private water supplies and sewerage and there is just one matter which I want to raise. In sub-section (3) of Section 10, this question of valuation crops up. The Minister guarantees that there will be no increase in the valuation of the property for seven years after the completion of the work. That is a usual stipulation where a premises is reconstructed or repaired, a new roof put on, an extra room or bathroom added, but surely the Minister will agree with me that it is paradoxical to contemplate that the Valuation Commissioners will increase the valuation of any holding where a private water supply is installed, for which the Minister is giving a grant of £40, or where a private sewerage system or septic tank is installed, for which the grant will be £20. Surely the Minister will drop this section entirely or rather change it in such a way that there will be no increase in the valuation, if he has such power. I do not know whether he is empowered to do that or not, but my point is that it is entirely fallacious and actually paradoxical to say that, on the one hand, the Minister is giving these grants and, on the other hand, that a small farmer will be faced, after seven years, with a heavy increase in valuation.

The Minister may say that the increase in valuation as a result of installing a private water supply or a septic tank will be infinitesimal, but we must remember that the Valuation Commissioners will come along to a property which may not have been valued for a considerable number of years. They may then avail of that occasion to revalue the property in toto. That is what happens. I think the Minister will agree with that view. This is one of the main complaints of people who, down through the years, write in to the newspapers from rural areas.

It was said by certain Deputies last night that it was unfortunate that these services and grants were not being availed of to the full extent. I think members on the Minister's side of the House will agree that it is this fear of an increase in valuation after seven years which is responsible for a lot of people not availing of the grant. It would be all right if a small farmer had only 5/- or 10/- put on his valuation— and even that I would be against—but we have had cases, and the Minister should know of them more than anyone else, in which a person with a £10 valuation does a small job meriting a grant. That person often finds afterwards that he has property valued at £25 or £30.

Would the Minister consider putting in a section here, or changing the existing section, to ensure that if a person does avail of a water supply or a sewerage grant, he will not be liable for an increase in valuation?

I think the Deputy misconstrues the meaning of the section. His speech was entirely related to the Valuation Acts and I have absolutely nothing to do with them.

I was asking if the Minister could do anything.

No. I have absolutely nothing to do with the Valuation Acts or the Commissioners of Valuation, but I am ensuring that if a small farmer wants to take advantage of this measure, they will not increase his valuation for a period of seven years. It is but fair to my predecessor, Deputy Smith, to say that he had a similar section and a similar provision in the 1952 Act. We have, however, no control over the Valuation Commissioners. It is entirely a matter for another Department, and all I am doing is ensuring that if any farmer takes advantage of the grants provided for in this measure, the Commissioners of Valuation will not penalise him for a period of seven years.

I want to deal with the division of the £60 grant, that is, the proportion of £40—£20. Under this section as amended, a person who installs a water supply will get £40, whereas the person who installs a sewerage system gets only £20. I think there is a maladjustment there. If the grant were to be kept at £60, I think it would be better to have it on a £30-£30 basis rather than a £40-£20 basis, because I think the major part of the cost goes into the installation of sewerage.

Seeing that both are separate—I agree that it is a good thing to have them separate—there might be a danger, on account of the maladjustment of the amounts, that a person might be enticed or compelled to put in water and neglect sewerage. This would be a grave danger in the case of new houses. Up to now, if a person wanted to get a grant at all, he had to do both, but this allows him to do one or the other and the one that will most commonly be done will be the installation of water, and water only. That is something new and the Minister is committing himself to that. I think some steps should be taken to see that, where water is installed, there will be sewerage also. Alterations could be made in this legislation to ensure that both will go hand-in-hand as heretofore. I entirely agree with Deputy O'Malley who says that revaluation of premises should not take place——

That does not arise on the section.

——especially in view of the fact that a person under Section 10 is now allowed to install water only. I can imagine a farmhouse, or a house in a small town or village, where water is found piped into the house in one spot only and the only alteration done to the premises——

On a point of order, is the Deputy dealing with the Valuation Acts?

The Minister has made valuation provisions here.

No, I have exempted valuation for a period of seven years.

Yes. The Minister can go further by way of improvements——

I can make it 21 years.

Before I finish I may advocate that. That is what I am dealing with and before I advocate anything I must make a case for it. That is what I am trying to do. The only alteration, whether it is a farmhouse or a house in a village that is involved, might be the boring of a two-inch hole through the wall to allow a pipe in. A sink may already be in that kitchen and the only work done might be the boring of the hole. Yet, after seven years that house will be revalued and the full blast of the revaluation will come into operation.

The Deputy forgets that a grant will not be given for boring a hole; a lot more must be done than that.

An applicant under this section will get a grant where the only operation is——

Complete nonsense.

I can assure the Minister that if a farmer goes up the field behind the house——

And water flows down and he just bores a hole in the wall for it.

If the farmer finds a well and has a pipe laid into the house, and if there is already a sink in the kitchen, that is all that is required to get the grant.

That is more than boring a hole in the wall.

I know, but there was no alteration except boring the hole. In the similar section in the old Act the applicant had to install flush lavatories and he had to have a sink in the kitchen but now that is not necessary to get the £40 grant. All that he has to do is to take water through a one-inch or two-inch pipe into the sink in the kitchen and for doing that he will get the £40 grant. As I say, that entails no alteration to the house except boring a hole through the wall. Yet a person who has a two-inch hole bored in the wall to allow in a pipe will have to suffer revaluation, and its full effect, after seven years.

We do not say any such thing. We say if it is revalued, it will be exempt for seven years.

The valuation officers usually go there to see what has happened and may be something else has occured and the place is revalued in its entirety.

That one small operation, resulting from the installation of water, will be made an excuse, if the house has not been valued for the last 50 years, to go back and bring the valuation of that premises up to date. That is what is going to happen.

Does the Deputy not agree the premises should be revalued? I am exempting it for seven years.

I would suggest that in the case——

That a man boring a hole through his wall should be exempt for 21 years.

That he should have some safeguard that the operation of this Act will not come against him.

When a grant is paid, whether it is for water or sewerage, or the reconstruction of a house — and surely a new house — even if we provide for a seven years' remission, the Valuation Department will not care about the seven years. That is nothing to them, with their outlook. They will come to the premises at any time that is convenient for them and they will revalue not only the house, but the entire premises, if it is an agricultural holding, and if there were any buildings erected since it was valued before, they will be taken into account. You can ask what is wrong with that, but it is something that does not appeal to the people concerned.

I quite agree with you there.

Unless there was some general approach to revaluation it is hardly fair that the fact of getting, say £20, for the installation of sewerage should result in having this revaluation, which might not take effect in relation to the improvements carried out to one particular building. Suppose the valuation officer found that a number of alterations had taken place since the previous valuation, to premises not attached to the dwelling-house, how would that go? I do not know how you can get over this difficulty. It is there and it will have a frightening effect.

Deputy Smith says that if somebody bores a hole to bring water into the house he will get a grant merely for that and that the valuation officer will come along and, finding other buildings, he will increase the valuation. The valuation officer has access to such information in several other ways. One of the ways lies in the fact that anywhere to-day you have to ask your county council for permission to build and following that, when you do build, it is the duty of every county council ganger in the area to report a new building to the county council.

It is the duty of every citizen.

There will be disciplinary action taken if such a report is not made.

The Deputy is an innocent young man if he believes that.

It is quite easy to make a remark like that but it has no bearing on the discussion.

I know the facts of the case the Deputy is talking about and he is talking in the clouds.

I am not. The Deputy says that it is possible that the valuation officer may appear and even value piggeries. That has no relation whatever to the work which was done under the grant. The valuation officers have access to that information in several other ways and it is no excuse——

I do not wish to interrupt, but surely the discussion has developed into one on revaluation?

The discussion is in order.

The point I wish to make is that this section is going to have an adverse effect on people who want to take in water. If a farmer is anxious to take in the water, the fact that a valuation officer may revalue his premises within seven years will frighten off the farmer from taking in the water. We are all very anxious to see water in everybody's home, but this is a very frightening section.

It is the same section as in the 1952 Act.

The very same section.

Deputy Smith and Deputy Cunningham made the point very clearly. As a result of this section, any farmer or anybody else in rural Ireland anxious to get in water will say: "It is very nice to get £40 for putting in the water; we will accept that and we will put in the water." But what will the result be? The valuation officer will be put on to them.

The same thing was done in the 1952 Act.

Water is essential for the people and it is also essential for the animals.

You would not get it under the 1952 Act, unless you had sewerage as well. I am giving you water here.

The Department of Agriculture were giving it before either the Minister or myself.

I am not saying they were not.

Now that the Minister is giving it, would he not go a step further and protect them from the valuation officer?

I have no control over valuations.

The Minister could extend the period.

I am doing that over seven years.

Seven years is no use there. If a man is lucky enough to get a well outside his house and if the well is only about——

That well has been there from time immemorial and he has not deepened it. I am giving him the money to deepen the well.

That is the point. He closes in that well, deepens it possibly and puts down a pump. Then he puts a sink into the kitchenette, kitchen or scullery. But because he does all that, he is subject to revaluation immediately. That will have a frightening effect on the man who wants to get water into his house. Surely a man should not be subject to revaluation because he does all that?

The section does not make him subject to revaluation; it exempts him from valuation for seven years.

Nevertheless, the implication is there.

I did not put the bad thoughts into their heads; it was the 1952 Act.

I wanted to make this point clear.

The Deputy made it as clear as mud.

We all admit that the installation of water is one of the most desirable amenities for rural dwellings. If we are serious in our purpose of encouraging people to avail of the grants now available, we ought also to be ready to reduce or do away with the impediments which are preventing these installations. This is a very serious matter. Even when an additional yard of space is taken in in the reconstruction of a room and an improvement carried out, the valuation officer comes along and revalues the whole premises. That is one of the most serious impediments to reconstructions of dwellings all over the country.

We ought to tackle that problem. I would say the Minister is not responsible; but instead of making the exemption period seven years, he ought to make it ten years, or at any rate increase the period. He should try to reduce the impact of this provision on people who want to bring their dwellings up to date and in order to encourage the women folk to have these amenities in their homes. He should encourage people to continue to improve their dwellings and to continue to live in rural Ireland rather than to go away from it. At present they cannot have these amenities without having an intolerable burden placed upon them, and it should not be the case.

I want to draw the Minister's attention to a matter to which I referred on the Second Stage. I indicated to him that it had come to my notice that the local authority had refused a grant for the installation of water, in a case where the public supply was deemed to be too far distant from the house to be connected. The distance was about 200 yards or thereabouts. I do not know exactly how the provisions under what is known as Section 12 apply. I think we all know these Section 12 cases. All the applications go, in the first instance, to the local authority and are dealt with there. If, in fact, the application for the water is from an applicant who would come under Section 12, I want to find out, in the first place, if the local authority refuses the application for a grant for the installation of water, does that automatically disqualify the applicant for the Government grant also?

The section deals with the installation of a private water supply and not a water supply by a local authority.

The public supply is 200 yards away from the individual applicant. He wants to tap it, but, because the supply is 200 yards away, the local authority says: "We will not give you any grant." Will the Minister say in circumstances of that sort that he will give a grant?

The Deputy is referring to a marginal case, as to whether there should be a public or private supply. All I can promise is that, if he brings the case to my notice, I will personally look into it. It is a question of fact. It is not a question of laying down any hard or fast rule. It is purely a question of fact, and the Deputy knows that as well as I do.

It looks to be a case of hardship.

It does, and possibly it may be, but it is one of those marginal cases. Evidently the local authority knows the facts much better than I do, and possibly better than the Deputy. If the Deputy wants to let me have the facts of this case, I personally will look into it.

It is not a public supply. It is the connection of one individual——

With the public supply.

——with the public supply that happens to be 200 yards away. Obviously, it is a private case; it is the supplying of an individual applicant. The query I am putting to the Minister is: as regards the question of distance, does the Department automatically object because the local authority is objecting? Is the grant available if the person is prepared to put up the difference between the amount of the grant and the cost of the job? Will the Department give the grant in spite of what the local authority does?

It would cost £350 at the very least.

Question put and agreed to.
Sections 11 to 13, inclusive, put and agreed to.
SECTION 14.
Question proposed: "That Section 14 stand part of the Bill."

When speaking on the Second Reading of the Bill, I referred to the question of the vesting of cottages. The Minister has made provision in this section in regard to notice to tenants and so on. I should like if he would clarify the position further in regard to the question of tenants who claim that due notice was not served on them when cottages were being vested and when repairs were being carried out prior to vesting. I understand the system that was adopted, and which was given as being in order at the time, was that the engineer concerned made out a list of repairs to cottages due to be vested and that, without giving the names of the tenants, the list was submitted to the Department for approval, that the Minister's sanction was obtained in that way and that subsequently, when the lists were submitted, these people were informed they were vested without having signed anything.

I submit that was entirely irregular and unfair to the tenants concerned. Would it be possible that the Minister would consider making some provision in the Bill to cover such tenants? I know certain provision has been made because the section mentions a period of time, but in Kerry we have an outstanding grievance in this respect. The number of tenants who claim they did not get fair treatment is limited, but I would appreciate it if the Minister would do something for them.

I think the Minister is letting himself in for a great deal of trouble under this section. I also think he will put extra trouble in the way of county councils. I am not clear on what the position was heretofore, but I have an idea it was something as follows: the county engineer decided what repairs were to be carried out and the applicants for vesting were then notified that vesting was about to take place.

That was roughly the procedure.

Now what happens under this section? I can visualise that even where the procedure in operation heretofore has been carried out a tenant can come along and say he is not satisfied. He can appeal to the Minister and, after having inspections by the housing engineer and the county engineer, and after the repairs have been carried out, we still will have a further inspection, possibly by an engineer of the Minister's Department and possibly a further inspection later by the county engineer, with the result that more money will be spent on inspections than on the actual repairs. I know many local authorities are very anxious to have the large number of houses which they own transferred to the tenants and vested in them. That is specially desirable in the case of old cottages where the rents are small and where repairs may cost a good deal. Under statute, the local authority must carry out the repairs where necessary.

In some cases, a good deal of expenditure is incurred, yet the tenant can come along and appeal to the Minister and sometimes, perhaps mischievously or for some flimsy reason, say he is not satisfied and involve both the Department and the local authority in considerable expenditure. In some counties vesting has been very slow up to now. In my county there is a big drive afoot to have most of the old cottages vested. That would relieve the county council and the ratepayers of a great deal of expenditure in regard to the upkeep of these cottages. I also know that tenants are willing and anxious to take over these cottages without any repairs because families have grown up and are anxious to avail of the Department's grants for reconstruction and for the installation of water and sewerage. It is only when they are the owners of the cottages that they can avail of these grants.

What has that got to do with the section?

Indeed it has. I am pointing out that this provision may retard the drive for vesting.

I am interested in the tenants, not so much in the county councils.

I am interested in the tenants who are anxious to avail of these facilities when they become vested owners—reconstruction grants and the installation of water and sewerage. I am also interested in the ratepayers and in seeing that their money is not wasted through too many inspections by engineers of all sorts.

I foresaw some of the difficulties that Deputy Cunningham has pointed out. I would suggest to the Minister a method of short circuiting a lot of those difficulties. I do not agree with Deputy Cunningham that heretofore the tenant was made aware of the vesting of his cottage which was about to take place. My experience is that he signified his intention of vesting and one day he was told the cottage was vested.

The Deputy is quite right. That is what occurred.

To obviate the difficulties which Deputy Cunningham has mentioned and which are bound to occur as a result of the provision of this statutory period of 30 days in which to appeal, I suggest that the Minister should send one of his surveyors down from the Department and instruct or advise him to carry out a survey before a cottage is vested and that the tenant be acquainted with all the repairs it is proposed to carry out.

That is the law as it stands.

The tenant should be told, for instance: "It is proposed to plaster that wall, to put a new door on there, and those would be your entire repairs. Will you agree?" If there is mutual consent as between the tenant and the surveyor, the repairs then are likely to go through satisfactorily and there is not likely to be any appeal.

That is what is supposed to be done.

That would short-circuit a lot of the trouble and obviate many of the difficulties to which Deputy Cunningham referred.

The members of local authorities can compel the local authorities to do that.

That has not been done in the past. They did a few jobs and sometimes the tenant was waiting for something else to be done when one day he discovered that his rent and rates were payable in two separate portions as a result of the cottage being vested.

I quite agree with the Deputy.

If this is allowed to go on in the same manner as in the past, you will invariably have an appeal in each case, and you will have weeks of wrangling as to whether or not the house was properly repaired. If you had mutual consent on the proposed repairs before the work was undertaken and if agreement was reached in what was proposed to be done, the vesting of the cottage could be held up.

The members of the local authority may do that themselves.

What engineering machinery does the Minister visualise will be necessary to keep his Department in touch——

The same machinery as the Deputy had when he introduced the section in the 1952 Act. I do not propose increasing the machinery in any way. There was an appeal under the 1952 Act.

If the Minister anticipates that the amendment of this section will increase the tempo of vesting, there could be quite a number of appeals.

I do not believe there will. I think it may increase the tempo of vesting and ensure at the same time that a local authority, knowing that an appeal may be made after vesting, will do the repairs beforehand.

Does the Minister not realise that the impediments we are trying to eliminate, both in the previous Act and in this Bill, are not really the cause of the failure of the tenant to purchase?

I agree there.

We seem to pretend here that we are doing something that will encourage the occupants or the tenants of these old labourers' cottages to become the owners of them. The reason why these people will not purchase these cottages is very simple. The rents are around 1/- to 1/6 a week; these houses are getting old and becoming hard to maintain. If the people purchase the houses, they will get a 50 per cent. reduction on the present rents which would mean in the case of the cottage with the rent of 1/6 that the rent would then be 9d. In turn, they would have 52 ninepences to keep the cottage in repair.

Everybody who is on a local body knows that it takes much more to keep that cottage in repair than the tenant would be saving by having the cottage vested in him, and the tenant realises that he is better off as he is than he would be if he purchased the cottage. Members of local bodies in this House, Ministers and ex-Ministers and everybody else, who pretend that we can induce the wholesale purchase by the tenants of these cottages by sections in Housing Bills, know quite well that we might as well be idle. Except in a few cases in a few counties where people have purchased, the whole campaign has been against purchase for the reasons I have stated. Local bodies know the solution to that problem, if they want to take it.

They have taken it in some cases.

In all cases they know it and, having regard to the housing difficulties of various sections of the community, I often thought they were entitled to take a far more keen interest in this matter than simply to ask would the engineering repairs or the engineering inspection be fair, and so on. I agree that when the cottage is repaired for vesting there is something in giving the tenant the right of appeal in the event of his being dissatisfied with any of the work that is undertaken, but it is a dangerous thing. If the officials of the local body, the county engineer, the assistant engineer, who might be charged with making an inspection, make a report on the condition of a cottage and supervise the carrying out of the work they thought was necessary in order to put it in shape, having regard to the conditions that are laid down in the 1936 Act, I cannot see, since they are officials paid from the rates, that any of them would just set out to do the tenant an injustice in that regard.

Just on the off-chance that an injustice might be done, we are providing for an appeal that can be very cumbersome and very costly from many points of view. There are counties where cottage repairs are carried out by direct labour. Direct labour repairs can be a very cumbersome method of dealing with this problem. Let us suppose that the council decides to have 50 or 60 cottages repaired. I cannot speak of my own county because we have not got that system, but in County Meath they have and the council would propose sending down a direct labour squad to repair, let us say, 60 cottages in a particular area for the purpose of vesting. That squad will go into a house and complete the job there. When they have completed their work, they take away all the materials and go into another district. The Minister's representative gets a letter from the tenant of the cottage and he goes down to inspect it, and who is it who could not find some little flaw even in a new house and say: "There is something that should have been attended to?" Therefore, not only have you the cost of the engineering inspection but the cost of the squad coming back, with all the necessary materials, to deal with the complaint.

Theoretically, I know this amendment seems fair. It appears to provide justice, to provide what is regarded as a court of appeal, but my contention is that while you can justify an expensive court of appeal as between two citizens, or as between two groups of citizens, it is a different thing when you are providing an expensive court of appeal as between a local body and one of those ratepayers. In that case I would not suspect there would be any temptation to steal a march on the tenant by underestimating the amount of work required or scamping the work when it was in progress. The amendment may look all right in theory but I do not think it will help to solve the problem, and while it does appear to give a right to a tenant which he had not previously, it will give it to him at great expense to all concerned.

I welcome this section because it is the only opportunity the individual tenant will have of getting justice. I represent a county in which possibly more money is spent on cottage repairs than in many other counties. We have the position in County Dublin that a good deal of money has been spent on cottage repairs. In fairness to the local authority, to the ratepayers and to the tenants a number of those cottages should have been pulled down altogether instead of being repaired. During the last few months, Dublin County Council has raised the rents of these cottages. The tenants have, of course, been told that, when the cottages are repaired, they can purchase them at 50 per cent. of the old rent. I am in the position that a number of people have been coming to me and saying that the local engineer went out and only half repaired the cottages.

I know that has happened in more places than in County Dublin.

I was in one house recently in Bellview, Tolka Park. If one wanted to ensure that somebody would develop T.B., I would say that would be the house into which to put him. The doors and windows were repaired, but the floor is seeping with water. Yet, it was said the cottage was repaired. Suppose that tenant did not have the right of appeal to the Minister, where would he be?

A number of these cottages were built 50 and 60 years ago, without any supervision, and they are not fit for human habitation to-day. Dublin County Council can spend only a certain amount of money on them. Candidly, it would be a thousand times better if money were made available to pull them down rather than spend money trying to repair them. I welcome this section because it affords some protection to the individual.

Would the Minister consider giving the benefits of this section before repairs are carried out rather than after? As Deputy J. Brennan has suggested, the county council decides on the repairs; they list the repairs and notify the tenant.

That is what they are supposed to do.

Allow me to continue. They notify the tenant that this list of repairs will be carried out before a certain date, and, if he is not satisfied with the list, he has the right of appeal to the Minister — a right of appeal which he has not got now.

I would not agree to that at all.

I would suggest that one change in the existing system. When the list of repairs is notified the tenant should have the right of appeal before the repairs are undertaken rather than afterwards. The position would be the same as heretofore except that the tenant would have the benefit of this section. The other situation is not workable and will inevitably, if it is left, involve very heavy expense.

It is the method of doing the repairs that is often the cause of the appeal. I will give the Deputy an example. Down in Carrick, in Deputy Brennan's constituency, I know an unfortunate tenant there who had repairs carried out to his cottage every few years. On one occasion he notified the county council that he was anxious to have the cottage vested. The repairs were done in the ordinary way and, when they were done, a certain gentleman presented the tenant with a document and asked him to sign it. The tenant signed. Now he was not satisfied with the manner in which the repairs had been carried out. I personally had an opportunity of examining them and I say it was malfeasance on the part of the person who carried them out. Nevertheless, because the cottage had been vested in the meantime, the tenant had absolutely no redress.

I am in agreement with Deputy Brennan and Deputy Smith. I am surprised that Deputy Cunningham should suggest that the county council spend too much money on these repairs. The Deputy thinks the cottage should be repaired and that should end it. That was his original suggestion despite the fact that State grants and supplementary county council grants are being made available to the farmer to have his house repaired. A short time ago Deputy Cunningham advocated that tenants should not pay any rates at all on these repairs. In other words, the tenant who becomes master of his own house will be expected to do all his own repairs, pay his rent and pay his rates. I am surprised at Deputy Cunningham. I am surprised that he does not think more of the people in his constituency who are tenants of labourers' cottages. They are as much entitled to consideration as the big farmers in his constituency. I am astonished that he does not think of them.

Was it necessary for the tenant to sign the vesting order under the 1926 Act?

No. The local authority made a vesting order.

I thought the Minister made a statement that a tenant was presented——

It was an application for vesting which was presented to him, and then the county council made the vesting order.

When a tenant applies for vesting, a scheme is prepared by the county council and the repairs are carried out.

Very often, after they do the annual or biennial repairs, they ask the tenant to sign a vesting application order.

Were they obliged by law to do that?

They were obliged by law to explain to the tenant what the implication of the document was.

Are they obliged by law now? Suppose a tenant applies now to have his cottage vested under this amendment——

They must notify the tenant now when they vest.

That is not exactly what I am coming at. Is it a fact that vesting will now take place on the tenant's application without any further approach to him; they carry out certain repairs, then vest and tell the tenant they have vested the cottage in him?

That is right.

That is a change as compared with the previous procedure.

Oh, no. The position was that, once they notified him they had vested the cottage, no further repairs could be carried out. The same procedure will be followed now up to the date on which they notify the tenant of vesting and from the date of notification of vesting——

The Minister is not getting the point. Perhaps if the Minister would allow me to finish we would not waste time. I want to know what the position will be now. Suppose I am the tenant of a labourer's cottage: I write to the county council and say I am anxious to purchase. The procedure is now that they inspect, estimate what work has to be done, carry out the repairs and then ask me to sign. Is that not so? You must sign.

Sometimes they will treat your application——

You must not sign.

Sometimes they treat the original application as an application for vesting.

They are obliged to ask the tenant to sign for vesting before the vesting order is made. Is it the position now that, irrespective of what the practice or the law was hitherto, when the tenant makes an application to the local authority and says he wishes to purchase his cottage, that is the last he will hear of it until he is notified that the cottage is vested in him?

There will be an inspection carried out.

I know, but the tenant will really hear no more until he is told that vesting has taken place and that the right of appeal exists as from a certain date. Is that not so?

That is right.

From the Minister's statement, it would appear now that there is no hope for those who are already vested.

In the past?

Oh, no. We cannot make it retrospective.

Even though some clever people——

Of course, they can apply for reconstruction and improvement grants.

That was the point I was about to make. Would the Minister's Department at least consider them?

Of course.

I do not want to hold up the Minister. This man was vested. The county council proceeded to carry out repairs, but they were not properly carried out due to bad weather and other factors and it is now admitted by everybody that the repairs were not carried out satisfactorily. The engineer reports that an extra £20 would make a good job of it.

Nothing can be done about it.

We have about a dozen cases of that kind in the county. Would the Minister's Department at least arrange that those cases would be met?

If he applies for an improvement grant, each application will be considered on its merits.

That is the only thing that can be done, as far as I can see.

The Minister has the happy knack of bringing trouble upon himself and prolonging the debate. He went to quite a bit of trouble to misconstrue some statements I made. I was not trying to save money on house repairs. I agree that people should have their houses put into a proper state of repair before becoming owners, after having paid rent for so long. That can be done without all the expense that the bringing of an engineer from Dublin would involve.

Why is it not done?

Because the suggestion I made earlier has not been adopted.

That should be made to the local authority and not here. You have that power at the moment.

Even existing regulations are not clear. They should be clarified. I am trying to save waste — not the expenditure of money on house repairs.

Advocate that at county council level, not here.

This is where housing legislation is being enacted——

But not administered.

I can see waste of engineers' car expenses, and so on. I agree wholeheartedly with Deputy Smith who says it may be necessary to bring a squad of workmen back from one area to re-cover an area which was done before. If the method I suggested were adopted, everyone would be clear on what repairs were to be carried out. The Minister's loophole in that regard was to the effect that the contractor did not do his job properly. As the Minister says, there are ways and means of dealing with that situation. If a contractor goes into a housing scheme or into a rural area where there are a number of cottages and carries out repairs, our quarrel is not with the repairs but with the manner and method of carrying them out. Why should the Minister bring in all this cumbersome machinery to deal with a contractor who did not do the work properly? Is there not machinery there already?

Of course there is. I am only changing the dates in relation to which the appeal may be brought.

I suggest that all the money that will be wasted under the provisions of this section should be spent on house repairs.

Question put and agreed to.
SECTION 15.
Question proposed: "That Section 15 stand part of the Bill".

I think this is a very good section. One of the reasons I welcome it is because I think the Minister has agreed that there are people who deserve houses but cannot get them because they did not qualify as agricultural labourers. There are various classes that found it very difficult to qualify. I should like to take the largest section first of all, that is, the women. Suppose a woman is a widow. Her ordinary work is to look after her family and her house by cooking, washing, and so on. Because she was engaged in those occupations, she was not qualified as an agricultural labourer. However, a bus conductor — who, to my mind, has very little connection with agriculture — could qualify although the job of a woman who was cooking the produce of agriculture was not regarded either as a trade or a handicraft for the purposes of being qualified as an agricultural labourer.

Old age pensioners could not be qualified because, I understand, they were no longer working or, if they worked, they could not be insured and, therefore, they would not qualify but they also might need houses.

Another very deserving class of people are the blind pensioners. A man might become blind when young. In fact, by the time he reached 30 years of age he might be getting the blind pension. He might be married with a family. Because he could not work, he could not qualify as an agricultural labourer and could not get a house. His wife could not qualify and his daughters could not qualify either because if they went and helped a neighbour to wash and clean the house that is counted as domestic service and is ruled out specifically under the definition. These people quite often need houses and it is found very difficult to qualify them for houses.

I think this section recognises that there are these people and, though I had an amendment down which I am not allowed to move, I hope the Minister will read it and——

——take note of it because, though it comes in under this section, it is dealing with another class of person. I welcome this section. I hope it will mean that the Minister will consider the whole question of applicants for cottages.

I certainly will.

Does this apply to a letting originally made by the manager and subsequently referred to the council for a decision as to the eligibility of the tenant? It says here that the council of a county by whom a cottage is let under this section may declare that the person to whom the cottage is let is a qualified person. How did the person become a tenant originally if, in fact, he was not a qualified person? I have not before me the relevant sections of the 1950 Act.

He had to be a tenant of the cottage before the local authority could vest it.

It is just a case of deciding definitely that he is a fully qualified tenant before the vesting operation can take place?

For vesting. He could have been a tenant but he would not be qualified for vesting under the old Act.

But he is under this?

He is not a person who is qualified to be a tenant of a county council house——

Take a soldier, for example. He could have been a tenant of a local authority house but was not qualified for vesting.

——on paragraph (b) which says:—

"the making of a declaration under this sub-section shall be a reserved function,"

while I welcome such fresh devolution of authority on the elected representatives, it seems strange to me that a completely minor matter of this sort should be made a matter for the councils, when so many matters of greater importance are taken out of their hands. Would it not be better not to bother the elected authority with minor declarations of this sort and leave it to the managers to do it?

I should say that they would know the facts much better than the county managers. They can act on the suggestion of the county manager, if they wish.

That would be a more desirable way of dealing with it. It would make for a more efficient and expeditious working of the local authority. If the manager made a decision in the matter which was followed by the local authority, it would obviate the necessity of bringing a large number of these applications for discussion by the elected authority. Such a procedure might introduce lack of uniformity into their decisions. That is the only danger I would see of having a full-dress discussion on all these applications. The county manager, if he drew up a rule about them, would have brought about some sort of uniformity.

It should be possible for the elected members to decide on a certain class and then leave it to the manager to deal with the individual applications.

On the point about the classes of people who would qualify for a cottage, I should mention to the Minister that in County Kerry we seem to have a different interpretation in regard to applicants. One instance I will mention is that in which a widow applies for the tenancy of a cottage of which her deceased husband was the tenant. She will qualify for the tenancy, but a widow who applies for a new cottage is not regarded as qualifying. I understand that in most other counties widows are regarded as being eligible for the tenancy of cottages. This question of uniformity which has been referred to by Deputy Bartley should be considered by the Department and by the county managers. It seems very peculiar that each county manager can put a different interpretation on this matter.

The matter will be in the hands of the members of the councils now.

It is about time that something was done about it. There is another point I should like to bring to the notice of the Minister. In Section 35 of the 1948 Act, the question of priorities is referred to. At one time, applicants afflicted with T.B. received a preference, but now I understand they are being graded down.

This section does not deal with lettings; it deals only with vestings.

I am talking of the types of people concerned. Irrespective of this section, I should like the Minister to take a note of what I have said with regard to T.B. patients.

I will see that a note is taken of it.

The local authority in Kerry at present has a list of people recommended by the doctor for houses. We had two from the one household and the county manager told us that there was no preferential treatment for T.B. persons. I understand that there was a preference at one time and why that preference should not be renewed is a matter I cannot understand.

This section raises a number of points on which I am not quite clear. I was surprised to hear the Minister say that this section widens the scope for vesting and not for letting.

That is right.

That does seem peculiar to the ordinary person — that persons must be of a certain type to qualify for a cottage, in the first instance, and then widening the scope for vesting so that any person who becomes a vested owner of a cottage must be a tenant of that cottage or already is a tenant of it.

It has to be that way. That is essential. I am sure that no one will come in and buy a cottage over the head of the tenant.

This section is probably brought in to clear up the legal difficulty which arises when the vested owner of a cottage was a qualified person, but where, after his death, the person resident in the cottage is not a qualified person. There is a major difficulty there. I understand that a case has been decided in the courts where the local authority found it difficult to eject a person who occupied a cottage after the death of the previous owner. The decision went against the local authority. I think this section is possibly brought in to cover up that——

The Deputy should read the section.

——and to allow the local authority a wider scope so that they can vest a cottage in a person who heretofore was not qualified. I know that local authorities are very hesitant to take proceedings where a cottage has come into the hands of a person who is not qualified under the regulations. It is a pity that the Minister did not go further with regard to the letting of cottages to that class of agricultural worker who earns £5 or £6 a week.

I welcome this section which gives an opportunity in County Dublin to a number of people housed under the Working Classes Act to purchase their cottages. I had a number of such cases in the County Dublin and this section enables soldiers and others to purchase their cottages from the Dublin County Council.

Question put and agreed to.
Section 16 agreed to.
SECTION 17.

I move amendment No. 7:—

To add to the section the following new sub-sections:—

(2) In a case in which, by virtue of this section, a confirmation to which Section 17 of the Housing (Financial and Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), relates is effected in two or more stages, that section shall have effect as if—

(a) sub-section (2) required publication and service of notice, in relation to each such stage, stating that the Order has been confirmed in so far as it related to the land to which that stage related,

(b) sub-section (3) applied in relation to each such publication of notice, and

(c) sub-section (4) provided that the Order shall, as respects the land to which any such stage related, become operative at the expiration of six weeks from the date on which notice relating to that stage is published.

(3) In a case in which, by virtue of this section, a first or second confirmation within the meaning of Section 43 of the Act of 1948 is effected in two or more stages, that section shall have effect as if—

(a) sub-section (3) or sub-section (4) (as may be appropriate) required publication of notice, in relation to each such stage, stating that the Order has been conferred in so far as it related to the land to which that stage related,

(b) sub-section (6) provided that the Order shall, as respects the land to which any such stage related, become operative at the expiration of three weeks from the date on which notice relating to that stage is published, and

(c) in the case of a second confirmation, sub-section (5) applied in relation to each such stage as if that stage were the second confirmation.

I indicated on the Second Reading that a further amendment to Section 17 might be found necessary for administrative reasons. In the sub-section it is proposed to deal with administrative procedure and to apply the same administrative procedure to each separate confirmation as if it was a separate confirmation. That has been brought in to meet the wishes on all sides of the House.

I had intended to make reference to Section 16 but I suppose I am too late now.

The Minister was not too lucid in his explanation of the amendment. I think he could have told us a little more about it.

The whole matter was fully discussed on the Second Reading and this is merely bringing in an amendment to apply the same administrative procedure to each separate confirmation. The purpose is to enable confirmation to be given for each section of the acquisition as if it were a separate transaction. The parliamentary draftsmen examined this section and the new sub-section has been drafted to meet the position. It proposes to apply the same administrative procedure to each stage of the acquisition as if that stage was a separate confirmation itself. Deputies will appreciate that in a compulsory purchase prior to this it was necessary to wait for a complete decision before making a comprehensive Order. It was not possible to make a separate Order for each portion of the land being acquired.

Might I ask the Minister would that enable local authorities to go ahead with small groups without having to wait for a bigger scheme?

That is what it will do.

That is very desirable.

Amendment put and agreed to.
Question—"That the section as amended stand part of the Bill"—put and agreed to.
SECTION 18.
Question proposed: "That Section 18 stand part of the Bill".

Would the Minister clarify that section in so far as there is a substitution of 95 per cent. for 90 per cent.? Is that the maximum amount that will be available or what exactly does this section mean?

Section 34 of the 1950 Act required a person purchasing or building a house with the aid of finance under the Small Dwellings (Acquisition) Act to contribute from his own resources at least 5 per cent. of the market value of the house exclusive of any grant under any enactment. That is 5 per cent. of the market value. Section 4 of the Act limits the amount to 90 per cent. of the market value. The maximum amount is £1,800 in Dublin City and County and Dún Laoghaire and Cork Boroughs. The section does not involve higher rates of finance and the local authority will have to have regard to the payments of grants and the market value of the house.

What is the purpose of the section?

It is purely administrative.

Question put and agreed to.
SECTION 19.
Question proposed: "That Section 19 stand part of the Bill."

This is a section which I do not quite understand. Does it mean that in future that without consultation with the Minister any local authority in the State can fix any rate of interest for any period of 35 years or for any period at all?

If they so wish?

That could have very far-reaching results.

This has been inserted at the request of the local authorities.

I would again draw attention to the complete absence of the Labour Party during the debate this morning. We are now at the end of the debate on the Housing Act for 1956 and there has not been one member of the Labour Party in the House.

Does this section mean that in a case where a person applies for a grant and the grant is forthcoming from, say, a building society, or part of it is forthcoming and only part of it, the local authority may have to guarantee the other part of the loan from the Local Loans Fund? Say there is an interest of 7 per cent. on the first part of the loan by the building society, does this mean that the part of the loan given from the Local Loans Fund will carry the same rate of interest?

The local authority has nothing whatever to do with the rate of interest on the money got from the building society. Under the 1948 Act, the local authority can only lend at a rate not more than ½ per cent. above the current rate. This is to remove that restriction of ½ per cent.

On account of the overdraft in the bank, and to enable them to discharge the interest on their overdraft.

That seems to give them a great deal of scope.

I do not think they will use it without discretion.

We have not trusted them on other matters and why trust them on this one?

The more we can trust them the better.

I agree with that but it is hard to reconcile the two points of view. We are prepared to trust them in one case but not in the other.

There will be a hell of a row if they abuse this section.

I can see no limit in this matter.

The limit is the members of the local authority themselves.

We have been fortunate in Donegal when turned down by the Local Loans Fund, in getting a loan or the promise of a loan, subject to the Minister's sanction, from a local bank and the rate is 4¾ per cent. We were happy that despite the increases in interest which have taken place that money was being lent to the Donegal County Council by a local bank.

I would like to correct the Deputy. Donegal County Council has not been refused admission to the Local Loans Fund.

They were told to go elsewhere.

They went elsewhere.

We know they have gone elsewhere and they got £55,000 at 4¾ per cent. which is very low in view of present day money prices.

Over what period?

For a period of 20 years.

As against 35?

It suits us well enough, I think, but they have been fortunate and I suppose the good name of Donegal County Council has helped a good deal in that but we were then hoping that borrowers in the case of housing loans would get this money at 5 per cent. or 5¼ per cent.

They can if you wish to give it to them.

Is it left to the members of the council or is it left to the manager?

Borrowing is a reserved function of the members of the council.

Of the members of the council?

So that we can decide, irrespective of anything contained in the section, to issue the money at 5¼ per cent.?

You can issue it at whatever figure you like. I am removing the restriction of ½ per cent.

I welcome the Minister's statement on this matter because it will help people for whom I have been fighting in this House.

Will it?

The Minister is allowing the Dublin County Council, according to his statement here, to give loans to the people at the old rate of interest.

Not at all.

According to his statement here.

Not at all.

Is that what the Minister meant by that statement?

There is plain English, now.

The Deputy may withdraw his welcome.

In other words——

The sky is the limit.

I thought I might get something done for these people under Section 19.

They will be worse off now.

I thought the Minister might do something for these people—builders and applicants in County Dublin—under Section 19. Will the Minister now say that these people who are caught and who made application in good faith prior to the 10th March, 1956, will be covered? Will he amend the section on Report Stage to give an opportunity of clearing themselves to the people who have already made application for loans and who have been refused loans now owing to the changed conditions and who are in a very bad way? It will not cost the country very much to take them out of the predicament in which they are.

Is there not some substance in the point raised by Deputy Burke? The Minister has not indicated the full implications. Is it not a fact that a local authority may propose to lend money at any interest rate they wish for a certain period but the catch is that if they lend it at a lesser rate of interest than the rate at which they borrow from the Local Loans Fund or some other source the onus is on them to find the difference in some way, which is evidently from the rates.

It is, of course. Would not it be very bad economics to lend at a lesser rate than the rate at which you can borrow?

Not always.

Not when you are maintaining your honour, your contracts and your obligations.

This could have far-reaching results. The local authority might say: "The administration of the supplementary grant of £137 10s., or whatever it may be, costs us—not a lot—but such and such an amount. Now, instead of giving a supplementary grant to people in our local authority area, we will scrap the supplementary grant in future but we will lend money under the Small Dwellings Acts loans at a lesser rate, in other words, at a corresponding rate, which would save the local authority finding the £137 10s. and that will be made up to the borrower over 35 years by a lesser rate of interest." That is the point I am driving at.

Does it work up and down?

This section means that the Minister no longer wishes to be consulted and it is desperately important, in my opinion. The point raised by Deputy Burke is only one of the items.

He never had to be consulted as long as that maximum of ½ per cent. remained.

The ½ per cent. was purely optional and permissive.

It said that the local authority may charge not more than ½ per cent. over the rate at which they borrowed, for administrative charges. For instance, in the case mentioned by Deputy Burke, the Limerick Corporation decided to lend the money at the rate at which they borrowed from the Local Loans Fund and added nothing for administrative charges. I want to put this point: Under the Housing (Amendment) Bill, 1956, is it not a fact that if Deputy Burke or any other Deputy or any local authority wishes to-morrow morning to cater for those who had entered into commitments before the 10th March, the local authority, whatever it costs them, can lend the money to those people?

That is quite true.

At whatever rate they wish.

That is quite true.

That is the most important point.

That is what I wanted.

That is quite true.

On this question of interest, do I take it that Small Dwellings (Acquisition) Act loans will now be available to a very limited class of applicants and that the people referred to by the Minister as the richer classes will now be out? Take the case of those who must go to the building societies. Would the Minister say whether those applicants will be entitled to get portion of their requirements from the local loans and will have to go to the building societies for the balance?

They will have to go to the building societies for the whole amount?

One or the other.

I do not know what experience the Minister has of the operations of building societies in provincial towns but, so far as I can gather, these building societies are not prepared to give a loan to an applicant outside fairly large towns.

We are now dealing with Section 19. It would not arise on Section 19.

Is it not a question of the rate of interest?

No, no. This is under the Small Dwellings Acts.

Are not we discussing Section 19?

That is right.

The rate of interest and advances under Section 1 of the Act of 1899.

This is a class of people who are being excluded from the benefit of loans from the Local Loans Fund and, therefore, they are compelled to go to building societies. That takes me to the experience that we have of the operations of building societies outside of Dublin. So far as I know, they are not prepared to make loans to people outside the larger towns, the reason, presumably, being that in case of their having to foreclose, the sale-ability of the houses is in question outside the larger towns. It seems to me that the throwing over of the provision of these loans to building societies will greatly restrict the number who now qualify for such loans. The freedom to fix the rate of interest will, because of these special difficulties, mean, possibly, the fixing of what will be tantamount to a penal rate of interest in a good many cases.

Question put and agreed to.
SCHEDULE.
Question proposed: "That the Schedule be the Schedule to the Bill."

I would appeal to the Minister in regard to the point I made on Second Reading about the tenants of cottages in County Kerry who purchased under the previous legislation and whose rents were fixed at 75 per cent. of the original rent. The local authority in Kerry made representations to the Minister and the Department to have uniformity. The Minister might have all of them enjoying, if possible, the reduction of 50 per cent. of the original rent.

That point does not arise on the Schedule. The Schedule is the only matter before the House.

The matter was discussed by me on the Second Reading. Perhaps at a later stage the Minister might reconsider this matter.

Question put and agreed to.
Title agreed to.
Bill reported with amendments.
Agreed to take remaining stages today.
Bill received for final consideration.
Question proposed: "That the Bill do now pass."

There were, as those of us who took part in this discussion know, only two matters which resulted in keeping us here much longer than we thought on these stages of the measure. One of them was the amendment proposed in respect of Section 10 and the other was Section 9 of the measure now about to become law. In spite of our efforts here yesterday, I still do not know why the Minister so abruptly came in to this House with a proposal to amend Section 10 without having some regard to Section 9. The Minister has not given this as a reason but I suspect this is what he had at the back of his mind.

In our discussion on Section 9 we were not able to get much assistance from the Minister as to the circumstances of an applicant who would be likely to be successful in an application under the Small Dwellings (Acquisition) Acts. According to the Minister, he could not be a rich person. Then we got to the stage that he had to be a person of modest means. Then we got to the stage that a person of modest means was not a national school-teacher. Then we got to the stage at which we were when we started when nobody knew, nor yet knows, what type of person was involved or in what circumstances an applicant must be in order successfully to make an application for a loan under the Small Dwellings (Acquisition) Acts.

I was listening to Deputy Larkin last night and he gave me a clue as to what was in the Minister's mind. The Dublin Corporation were given money to finance activities under these Acts with the stipulation that only those who would qualify for supplementary grants were to secure advances. From the stipulation which was attached to the £1,000,000 advanced from the Local Loans Fund to the Dublin Corporation, that only those who had received supplementary grants from that body could get these loans, I assume that the Minister amended Section 10 so as to keep, in spite of the change of circumstances, the same groups within the different categories so that every local body in the country would ultimately be pinned down to giving small dwelling loans only on the basis of persons who would qualify for these supplementary grants.

If that is what the Minister had at the back of his mind, as I suspect, one would have expected that in the course of all this discussion we would have got from him a clear statement to that effect. Instead of that, we have been moving about and switching from one foot to another. If an assurance given by the Minister, on the advice of his technicians, was found to be a wee bit generous or extravagant, then the Minister proceeded to mend his hand. The result of it all is that we are still in the dark in spite of all the time we spent in discussion here.

If it is the Minister's intention to rule out from participation in the small dwelling loans all those who are outside the valuation limits or wage-earning capacities, as set out in Sections 9 and 10, and if the rest of the people who want to build houses are to be thrown over to the building societies, we know what the Minister's idea of "modest means" is.

Heretofore, local bodies were sceptical about giving these loans except in cases where it was clear that the recipient was in a position to repay. Now apparently the Minister and the Department have at the back of their minds a ceiling which they have not openly revealed and all those who would be outside that would have to approach the building societies and insurance societies.

Deputy Finlay, a young barrister, was, on Second Reading, full of enthusiasm, and so was Deputy Esmonde, for the manner in which all these new moneys were to be released to the private builder. These societies in the past usually made whatever funds they had surplus to their acquirements available to the Minister for Finance in his public issues from time to time. These moneys were always available in one form or another. Yet we listened to efforts being made by some Deputies who had not the faintest idea of what is involved in this housing proposal. They paraded themselves one after another to justify a course of action that could only have a disastrous effect on private building.

What does the guarantee in Section 9 of the Bill mean? It means that the insurance companies or the building societies will have the right to vet the applicants, in the first instance. They will have to approve of the giving of advances to applicants, and if they decide that the applicant is not a person to whom they would give money, this question of the guarantee does not arise at all. Just imagine that we are reduced to the position in which an applicant applies for a loan to a building society or an insurance company and these institutions have a policy under which they give only 80 per cent. of the market value of the house. That fact might prevent certain applicants from taking advantage of these loans because they would not have the other 20 per cent. to put down in order to acquire a house.

We are actually coming forward in that case where the societies must first approve of the individual — and, mark you, he will have to be a very credit-worthy individual before they will approve him — and if they do not approve, this guarantee mentioned in Section 9 is not worth a jot. But when they approve of the applicant, this section provides that the applicant's local authority may give to the insurance company or building society a guarantee — the security of the rates — for the repayment of the additional 15 per cent. the applicant would get if the money had been made available to him under the Small Dwellings Acts, in order that the company concerned will have no doubt that everything is in order.

Then the State says to the local body: "You have underwritten this 15 per cent. for applicant A; we will now underwrite you to the extent of 7½ per cent. of that 15 per cent." Just imagine that the local body has to go to all these rounds to underwrite an applicant who has already been approved by the lending organisation and to whom the company or society would give 80 per cent. of the estimated value of the house. Yet the credit-worthiness of the local authority and the State is at such a high level now that the two of them will have to sign on the dotted line before the society will give the additional 15 per cent.! God knows it is terrible to be here and to have had to listen to and look at the things that have been going on in this place for the past few years!

Question put and agreed to.
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