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Dáil Éireann debate -
Wednesday, 13 May 1964

Vol. 209 No. 10

Ceisteanna—Questions. Oral Answers. - Drainage Work: Fencing of Lands.

5.

asked the Minister for Finance if he is aware that owing to the drainage operations by the Office of Public Works under the Arterial Drainage Act, 1945 small farmers adjoining the Crannagh River in the Nenagh catchment area have had comparatively large parts of their lands fenced off; and that these lands are not available for their use since 1960; and, if so, what steps he proposes to take to relieve the hardship caused to these farmers either by way of compensation under the provisions of the Act, or by the early removal of the fences.

The lands at the outfall of the Crannagh river are below the water level of Lough Derg and it was necessary to provide embankments and a pumping system to protect them from the frequent flooding and waterlogging to which they were liable before the drainage scheme. The embankments, which have an average width of about 25 feet along the drainage channels, were fenced off to protect them from grazing by heavy cattle which would cause serious damage and endanger the stability of the embankments. Grazing by sheep or meadowing of the embankments would be welcomed.

No claims have been received for compensation for the loss of grazing on the banks and indeed I think it would be difficult to sustain such a claim in view of the provision in the Act that in the assessment of compensation regard must be had to the benefit conferred by the drainage works. In this case the benefit has been very great.

I am advised that, for the proper maintenance of the banks, it is essential to retain the fences and we cannot therefore agree to their removal. I would point out that these expensive protection works were carried out at full State cost and their maintenance is a statutory obligation and is for the benefit of the adjoining landowners.

The loss of grazing on the embankments is relatively a very small consideration in comparison with the benefit which the drainage works have brought to the landowners and we look for their co-operation in helping to preserve the banks.

Did I understand the Parliamentary Secretary to say "small beer"?

Is the Parliamentary Secretary aware that a very substantial number of farmers are complaining that, due to the erection of these fences, they have not the use of the land? Is he also aware that they say they have made claims to the local officers for compensation and for the removal of these fences?

Is the Deputy suggesting that he is conversant with this problem?

Unfortunately I am. Shall I give the Parliamentary Secretary the brief?

No; it is all right.

I have been written to by a solicitor on behalf of these people. I am drawing the attention of the Parliamentary Secretary to it, but as it is Deputy Dunne's area it was better to let him handle it. However, there is a very serious complaint here and I shall pass it to the Parliamentary Secretary if he wants it.

It is a wonder the solicitor did not write to the Office of Public Works instead of to the Deputy. We have had only one complaint.

I suppose there is so little done by them that he thought he should give it to somebody who would do something about it.

My office has the name of being most co-operative.

This seems far removed from the question.

I shall give the information to the Parliamentary Secretary anyway.

He walked into it.

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