asked the Minister for Local Government what powers are vested in Dublin Corporation under the Dublin Corporation Act, 1890, and in particular under section 45, to enable the closing off of a public thoroughfare.
16.
Ceisteanna—Questions. Oral Answers. - Closing of Dublin Thoroughfare.
15.
Mr. O'Leary
asked the Minister for Local Government what representations were made to the Dublin City Surveyor requesting that Dorset Row be closed as a public highway, and by whom.
17.
Mr. O'Leary
asked the Minister for Local Government the number of owners of the soil notified of Dublin Corporation's decision to close down Dorset Row; and whether he considers this a satisfactory procedure in view of the general public's interest in the maintenance of any thoroughfare.
18.
Mr. O'Leary
asked the Minister for Local Government on what legal basis a firm (name supplied) has now been permitted to ban Dorset Row for public use; whether Dublin Corporation was consulted before the firm took this step; and if he will give the rank of the official in Dublin Corporation who gave this permission.
I propose, with your permission, a Cheann Comhairle, to take Questions Nos. 15, 16, 17 and 18 together.
These four questions relate to the exercise by Dublin Corporation of powers conferred on them under section 45 of the Dublin Corporation Act, 1890. A copy of this Act, and in particular section 45 thereof may, I am informed, be inspected in the Oireachtas Library.
I understand from Dublin Corporation that the position in regard to the closing of this Row is as follows:—
Representations were made by a firm who stated that they were the fee simple owners of all the property on both sides of Dorset Row and that as the Row was no longer used by the general public they wished to make formal application to have the Row abandoned.
The matter was brought before An Coisde Sráideanna at its meeting on 5th May, 1964, who recommended that the application be granted. Notices under section 45 were served on the interested parties on 31st December, 1964, by the Law Agent. The notices were served on the managing director of the firm who are the people on whom notice has to be served under the statute. In addition, a copy of the notice was posted on a conspicuous part of Dorset Row on the same date, with plan attached. No objections were received within the statutory period and on the 16th March, 1966, an Order was made by the Assistant City Manager declaring Dorset Row closed in accordance with the provisions of section 45 of the Act.
Mr. O'Leary
Is it the case that, in accordance with this Dublin Corporation Act, 1890, representations were made to the City Surveyor by the very firm that wanted the roadway closed and that, after these representations were made, notification to the owners of the soil adjoining this roadway was sent directly to the firm concerned, to the people who wanted the thoroughfare closed down?
That is not all of it. As the Deputy would have heard, as I read it out, that is only part of the story. There was the notice by the Law Agent which was served on the managing director. A copy of the notice was posted on a conspicuous part of Dorset Row which would have been seen if people were using Dorset Row. No objections were received within the period, and the order was made only on 16th March of this year.
Mr. O'Leary
People who were in the habit of using this thoroughfare up to one month ago were astonished to see that a private firm had this road closed down. As this has given rise to a great deal of unease in the area, and as the action taken under this remote Act of 1890 of closing down a public thoroughfare does not meet with approval in the area, would the Minister reconsider opening the position?
There is no question of re-opening the position. There was also the meeting of An Coisde Sráideanna of 5th May, 1964, who considered this matter and recommended that the roadway be closed.
Mr. O'Leary
Would the Minister be surprised to know that this has come as a shock to the people in the area to find that a public thoroughfare which they knew to exist for many years, which came on to Dorset Street, a rather important street, has been closed down in this conspiratorial fashion under an Act of 1890?
I am sorry that it came as a shock to anybody but there should have been no cause for shock in that the normal procedure was adopted and followed. Those who should have been interested in that had the opportunity of being aware of what was happening.
Mr. O'Leary
As the Minister does not appear to give much credence to the points I have made, with your permission, Sir, I wish to give notice of my intention to raise this matter on the Adjournment.