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Dáil Éireann debate -
Thursday, 21 Nov 1957

Vol. 164 No. 6

Ceisteanna-Questions. Oral Answers. - Condition of Wexford Tenant's House.

asked the Minister for Lands if he is aware of the fact that a house built by his Department in 1942 for a tenant on an unvested holding at Ballyteigue, Ballycanew, County Wexford, is now in an irreparable condition, and, if so, if he will have this house examined forthwith by an inspector of his Department.

I presume the Deputy is referring to a dwelling-house erected by the Land Commission for Mr. James Carter. This house was completed as long ago as 1946 when it was handed over to the allottee in good order and condition. Mr. Carter's holding was vested in him in February, 1948. The question of maintaining the dwelling-house in a satisfactory state of repair is a matter for the owner.

Is the Minister aware that this house has been examined by an official from the Department of Local Government with a view to repairing it and that the tenant has been informed that the house is irreparable, that it is falling down and that it was built at the ratio of 33 to one, sand and cement, and in view of this being formerly an unvested holding, has the Minister not got a responsibility to the tenant?

As far as I am aware, the Land Commission has no responsibility in regard to this. When the house was completed, some slight defects existed and were put right by the Land Commission, using direct labour, and since then, we have no responsibility in the matter, but I will look into it again and see if the Land Commission has, in fact, any responsibility.

Could I request the Minister at least to send down an inspector to look at the house, since a responsible Deputy—I think I may call myself that—has informed him of the position?

I understand the view of the Deputy on this question, but, as the lands were vested in 1948, there appears to be no legal responsibility whatever, unless it can be proved that, prior to the time of vesting, the house was built of defective material or in a defective way. I will look into the matter again and see if the position reflects any obligation on the Land Commission.

Surely the proportion of 33 parts sand to one part cement is in itself evidence of defective workmanship——

There was no evidence given to the Land Commission of that at the time.

——unless that is a new way of Land Commission building?

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