It could have been. It has been done frequently in the past and the precedent is there. Possibly because of some office accommodation problem in Dublin, here is a section of general application introduced into this legislation. Under this general section henceforth, if passed, any local authority in Ireland, provided they consider it convenient to do so, may decide to acquire any property for any purpose they think proper. If they get Ministerial sanction, then the process of compulsory acquisition proceeds.
I think this is going far too far. As far as I know at the moment, it is unnecessary; and I shall be interested to hear the Minister's defence of the section. If it appears that the section is thought necessary because of a particular problem facing a local authority, or even a number of local authorities, it is possible to give them that power in relation to their problem, but it should not be done in the way proposed in this section—to give a general power to all local authorities to acquire anything for any purpose. Once that power is passed, it will be used. Let us make no mistake about that.
If this section becomes law, every local authority will find it more convenient to acquire compulsorily under the Housing of the Working Classes Acts, although the purpose of the acquisition has nothing to do with housing. It will be quite simple: the local authority's compulsorily acquisition order will be confirmed by the Minister. The only sanction against confirmation will be the usual local inquiry which generally will have reality only in relation to compensation but the convenience to local authorities of this power will be so obvious that it will be used.
I know that often in legislation of this kind, we, as Deputies, in our different spheres of interest forget the fact that we are sent here not as representatives of local authorities but as representing a quota of ordinary individuals in our constituencies and it should be our duty to be an guard against the growth of bureaucracy. This is another example of the manner in which bureaucracy is creeping into our legislation. It is more convenient from a bureaucratic point of view to provide a simple means of acquisition by local authorities. The convenience is obvious and because, it seems to me, there is a particular problem facing some local authorities the solution from the bureaucratic point of view is to use that problem as an excuse for giving a power never before given, to all local authorities in the State.
I do not think that is justified and I urge the Minister not to press this section on the House. It should be possible, on reconsideration, to deal with any particular problems that face local authorities by ad hoc legislation, but I certainly would regard with some anxiety a power being given to all local authorities which excludes any review or examination by the courts which are envisaged under the Constitution, which deprives the person affected of any appeal. I think that is wrong unless there are some urgent social reasons for it.
I can see that there could be such a case. This Parliament recognised it in the past in regard to housing: I cannot see that there would be such a case in regard to other matters such as acquisition for road purposes or provision of extra office accommodation for the local authority. These things do not appear to me to have the urgent social need that housing has. Accordingly, I feel that this section is far too drastic and cannot be justified on any general ground. It may be justified in particular instances, but, if so, particular ad hoc legislation is the solution.