One of the big problems facing ratepayers in Meath is the burden of payment of compensation for malicious damage. The burden is particularly high at the moment due to an organised series of malicious attacks on property in the county. It is certain that the overwhelming majority of Meath ratepayers not only had nothing to do with them but abhor them. It has not been proved that Meath people were involved at all and a strong sense of injustice is felt because Meath people have to bear the burden.
A solution advocated is the introduction of a Bill similar to the one whereby the State relieved Dublin Corporation of the burden of paying compensation to the Trustees of Nelson Pillar for damage done to that pillar, a substantial portion of which was malicious damage committed by lawbreakers. The Army subsequently finished off the job but that does not take away from the fact that the initial damage was malicious and illegal and the State paid compensation for that damage as well as for the damage done by the Army. Why cannot the same thing be done in Meath? Has the Minister any more reason to believe that the people of Meath are responsible for the burnings than he has that the people of Dublin were responsible for the blowing-up of Nelson Pillar? Why should Dublin Corporation have an immunity which is denied to Meath County Council?
It must be realised that the introduction of such a Bill would merely be a stop-gap measure. The whole system of payment of compensation for malicious damage needs to be overhauled. Another solution which has been advocated is that insurance companies should pay the whole cost. This may seem an attractive solution at first sight but it would involve a big increase in the insurance premiums for insurance on property which might be susceptible to malicious attack. Farmers and people with property in isolated areas, which could not be easily policed, would have to pay particularly high insurance premiums because of the greater vulnerability of their property to malicious attack. Furthermore, people who are locally unpopular, and are known to be such by insurance companies, regardless of whether or not this unpopularity was justified, would find they would have to pay higher insurance premiums because they would be a greater malicious damage risk than people who were locally popular. The insurance companies would have no interest in the rights or wrongs of the situation. If a person was thought to be a malicious damage risk then his premium would go up. I do not think handing the matter over holus bolus to the insurance companies will solve the problem. It would merely lead to the creation of still further injustice.
If malicious damage claims were handed over completely to insurance companies they would look for a profit on the deal and this would also lead to an increase in the premiums. At present the county councils administer what is effectively a mutual insurance scheme for all ratepayers, who are, by definition, property holders, against malicious damage to their property. It may be unpalatable when one has to pay up for what one might call an insurance scheme but at least one knows that no third party, such as the shareholders of an insurance company, are making a profit on the deal because, apart from administration costs, all the money goes back in compensation.
What is really unjust about the present system is that one county has to pay for all the malicious damage committed within its boundaries. The original idea behind the scheme was not the idea of mutual insurance against malicious damage but the idea of punishing local residents for damage committed in their area on the presumption that they were likely to be directly or indirectly responsible for these damages. This was extremely rough justice at the best of times, but in modern times with motor cars and good roads it is very doubtful that a major act of malicious damage would be committed by residents of an area. It is very simple to cross county boundaries nowadays and such acts can readily be committed by residents of other counties.
This is particularly so in the case of organised acts of malicious damage. In such cases it is of positive advantage to have people not resident in the county committing malicious attacks for the simple reason that strangers are less likely to be detected and I think this was definitely the case in relation to the recent burnings in County Meath. Therefore, it is highly unjust to ask the people of Meath to bear the burden of compensation for this damage.
The present code also has another complication in that it—marginally, I agree—encourages people to cross county boundaries to commit acts of malicious damage. If they do damage in another county, they know that, even if they are ratepayers, they will not have to pay any part of the compensation for that damage, because it is the ratepayers in the other county who have to pay it. If compensation for malicious damage had to be borne on a national basis at least they would have to pay some share of it. Outsiders who go into another county to commit acts of malicious damage at the moment know it is the ratepayers of that county and not themselves who will have to pay compensation. This is unjust.
If the responsibility for paying compensation were a national charge everyone, including outsiders who cross county boundaries, would have to pay their share. It is also worth noting that the responsibility for preventing malicious damage rests with the Garda who are controlled on a national basis. If they fail to prevent malicious damage, the cost of their failure should surely be borne, logically, on a national basis also.
The processing of claims for malicious damage is also a complicated business. In many cases it involves abstruse points of law in the contesting of claims. If the responsibility for contesting and processing these claims were centralised in a national office instead of being duplicated in every local authority as it is at present, this would lead to greater efficiency and lower costs because officials would be able to specialise in malicious damage claims and would come to know all the tricks involved in dealing with such claims.
At present the responsibility for dealing with such claims is a secondary responsibility of some official in each county council who has some other primary job. Therefore, he obviously has not the time or the interest to become fully acquainted with all the complications of the malicious damage law. In short, not only would it be more just but it would also be more economic to pay and administer the compensation for malicious damage claims on a national basis and not on a county basis, as is the case at present.
This could be done in either of two ways. It could be borne by general taxation or, if that were considered undesirable, it could be borne through an agreement between the county councils to pay a fixed share each year into a common fund out of which all malicious damage claims would be met. It is quite possible that the setting up of such a fund would not require legislation. I do not know the legal complexities but it is possible that the county councils could come together and set up such a fund to mutually insure one another against a very high incidence of malicious damage in one year. I have a recollection that in Northern Ireland claims for compensation for malicious damage are met on a mutual basis by all the counties and that they all pay something into a common fund out of which the claims are met.
I should like to pass on now to a more general topic in respect of local government. One of the major ideas in modern social thinking is the idea that the ordinary citizen should have a greater participation in decisions which are taken on his behalf and which affect his livelihood. There is a widespread fear that, as modern society becomes more complex, the ordinary man in the street will have no control whatever over the vast State bureaucracy which invades every aspect of his life. To have a virile local government system is the best possible way of preventing such a development. Ordinary people have a greater ability to participate in decisions at local level than at any other level. The issues involved at local level are usually simple and more familiar and, therefore, they can put forward more coherent views on these issues. If broad concepts of national Government policy arise at local level, they can always be related to immediate experience and to things which are going on in the local area. Therefore they can be made more comprehensible.
Furthermore, the main purpose of the democratic process is the achievement of some form of common purpose among those participating in decisions. It is obviously much easier to achieve a common purpose in a relatively small community than in a large one. A nation of one million people, most of whom are totally unknown to one another cannot develop a common purpose except in emergencies, such as in war-time, or on very simple issues. At the level of a provincial town all the people involved in a local issue are likely to know one another personally and can communicate easily with one another and thereby develop the common purpose which is essential if democracy is to operate properly.
It appears to me that if we develop a new concept of local government we will go a long way towards making this country much more democratic in the real sense than it is at present. The first need in reforming our concept of local government in order to give a more participation-orientated community is a re-definition of what a local issue is and therefore rightly coming within the ambit of local government. These issues should include not just the issues which have been traditionally the responsibility of the county councils but also all Government decisions affecting the local area. Issues like the route of the local school bus, the operation of the local labour exchange, the local postal service and the local Garda are just as much local issues, to my mind, as issues like housing and health which have traditionally come within the ambit of what we call local government.
Obviously one could not give local councils complete control over all these matters just as they have not complete control over all the matters which are at present involved in local government. There must be some national uniformity between one area and the next. It would be inconceivable, for instance, that the postal service in one area would be completely different from and not co-ordinated with the postal service in the neighbouring area. Therefore there is a problem in reconciling local control with national efficiency.
I would suggest this as a possible approach towards reforming local government. A possible way out of this dilemma would be to leave all the actual decisions to a monolithic Civil Service, responsible to a Minister, and to spread the right to question these decisions and publicly to criticise them and demand a public explanation of them. In other words, the actual taking of the decisions would be concentrated in one unitary body, but the right to criticise would be dispersed in the Dáil, the county councils and smaller councils and all would have the right to criticise and demand explanations. This right to question which I am putting forward is similar to the right which all Deputies exercise here in respect of Parliamentary questions and getting Ministerial comments on proposals they might put forward in an Estimate debate.
Nobody really believes that Dáil Deputies in participating in Parliamentary questions or in Estimate debates here have real control over the Minister's decision. Nobody has ever claimed that, although this is probably the basis of the Parliamentary theory which led to the growth of this and other Houses on which it is modelled. Deputies can, however, by demanding explanations and by expressing views make the Minister publicly explain his decisions. They can have an indirect influence on the decisions he takes. This is the essence of what is happening.
I can see no reason why this right to demand public explanations and to have public debate here which the Minister or his officials would have to answer, should not be extended to local councils throughout the country. Local councils should be given the right to have the Government official responsible for, say, the routing of the local school bus come before them and answer any criticisms which arise from this matter. This right to demand explanations on local issues should be vested in local councils in practically every parish. The council would not, as I say, be in the position to force the Minister or the official to take a particular line of action, but they would at least be able, by public debate at local level, to mobilise public opinion to the extent that a full and adequate explanation of a decision would have to be given.
This system would ensure that Government activity in all fields would be fully responsive to local needs. The Government could also have the benefit of useful suggestions from local people which they do not have at the moment. People would find there would be less occasion to form protest groups, which can often be disruptive, than they do at the moment. The major reason for the formation of such protest groups is that there is a feeling that no one can get at the official responsible for a particular administrative decision other than by taking to the streets.
A network of councils not only at county level but, perhaps, parish level, covering the whole range of Government activity, not just local issues, would provide ample opportunity for the discussion of all reasonable points of view and Government decisions in so far as they affect local areas. Councils at these lower levels would be more effective in that you would know personally the people affected by these decisions and there would be more likelihood that at such local level you would achieve a greater sense of community than at a county level where people do not know one another from one end of the county to the other. Councils set up at least at electoral area level would make a very significant contribution to making this country a more democratic one than it is at present.
These councils could also have the effect of relieving Deputies of the burden of constituency work which in some cases prevents them from playing an effective part in the deliberations here in the Dáil. Many local issues come before Deputies because the ordinary people feel that they cannot get at the Civil Service or at the decision-makers other than through the help of a Deputy. People would be able to do this through local councils such as I am suggesting without going to their Deputies and this would free Deputies to do the research which would enable them to compete adequately with Ministers on national issues and would ensure that the Minister does not get away with anything.
Passing from that, I should like to refer to the question of the publication of annual reports by county councils. Subsidiary bodies in the county council, the county committees of agriculture and the vocational education committees, do publish annual reports. Why therefore does the housing section or the engineering section not publish annual reports as well? Very often the work of these councils involves the expenditure of large amounts of money and it would appear to me to be very sensible that they should publish annual reports so that their work could be scrutinised not only by councillors but by any member of the public who chooses to buy the annual report.
There is a feeling that the amount of money allocated for sanitary services by the Department has been somewhat phased down by comparison with other forms of local government expenditure. There may be some reason for this. There may be more desirable matters on which money could be spent, like housing; but sanitary services should not be allowed to lag completely behind, which they are in danger of doing at the moment.
The Mornington sewerage scheme, as far as I know, has been with the Department for the past nine months, and there is a great need to have this scheme implemented as soon as possible in the area of east Meath covered by it. I would urge the Minister to do all he can to expedite consideration of this scheme to ensure that people are not, through bureaucratic delay, deprived of this essential service.
In order to qualify for a loan under the Small Dwellings (Acquisition) Acts the income limit is £1,200 or £50 rateable valuation. This income limit and valuation limit have not been revised upwards since 1962. The value of money and the value of an income of £1,200 has fallen rapidly since 1962. Therefore the revision upwards of the income limit is now long overdue. This also applies to the rateable valuation limit. The earning capacity of a farm of £50 valuation has also fallen considerably since 1962 and there is a need to revise upwards the valuation limit.
I understand there is a rather anomalous situation obtaining in regard to the valuation limit. The valuation limit for qualification for most forms of health service is £60 but in respect of loans under the Small Dwellings (Acquisition) Acts it is, for some odd reason, £50. Why have a lower valuation here for loans under the Small Dwellings Act? Surely this is anomalous.
I want to make passing reference to the question of regionalisation which seems to be broadly envisaged in Government policy in regard to local government. The Devlin Report envisages giving greater freedom of initiative to local authorities but there is a danger that the good effects of such a proposal would be removed by excessive regionalisation of local government and that the local authority would be getting further away from the ordinary people. It is far enough away at county level at present; most people can have little understanding or opportunity, as I was explaining earlier, of participating in the decisions at county level. Regionalisation may be very efficient but it is likely to be considerably less democratic. This is something that must be watched. Possibly a way of reconciling the idea of efficiency in regard to decision-making with the idea of having greater local participation could be found in my suggestion earlier about local councils which would have the right to question but not necessarily to decide.
There is also a slight danger that may occur as regionalisation progresses in respect of local government. This is in regard to the choice of administrative centre for the region. I believe that there have been certain difficulties under the regionalisation policy being put into effect in respect of health. There is, first, the grave wrangling between the various counties as to where the centre should be sited and if this is going to operate over the whole field of local government and if local government is to be concentrated there will be even more wrangling because employment given by local government is very important in the county where it is based and if a county is to be deprived of this and all local government centred in one regional centre it will create serious local opposition.
A big problem, I understand, which has come up in respect of health matters is that while, admittedly, they were given certain time to come to a decision on which county town would be the centre for the region, apparently they were not given enough time to make the necessary arrangements in regard to the services and their transfer from the county town to the regional centre. I am not sure the Minister should do so, but if he is proceeding with regionalisation I hope he will give adequate time to local authorities to enable them to make all necessary arrangements so that there will be a smooth transfer and that we will not have some services left behind in the county town and not transferred in time to the regional centre.
If regionalisation is to be introduced it should be done very slowly and after full consideration of all the implications, not merely economic ones. Implementation of regionalisation should proceed at a pace that will ensure that changes can be made in time.