I am in what is now becoming the usual position of being asked to comment on legislation that was in the process of preparation at the time I left the Department of Local Government. From the studies I made of the whole roads problem while in the Department, I realised that the law dealing with public roads, including that dealing with the powers, functions and duties of road authorities, is very complex, as the Minister tried to indicate in his introductory speech. It is a patchwork of common law on the one hand and statute law on the other. From my investigations into the law in connection with this matter, it was obvious that there was need for a revision and the introduction of modern legislation to consolidate all the roads law. In fact, the statute law ranges back as far as 1836 and, although there have been some amendments made from time to time, inevitably there are still gaps. As we know, doubts have arisen from time to time regarding the real authority of the Minister and local authorities in relation to matters arising from the construction, maintenance and improvement of roads.
The inadequacies in the existing legislation arise chiefly in relation to the powers of road authorities. There are certain important powers about which doubts have arisen, such as the powers to provide dual carriageways which have already been challenged; there are certain other powers also in doubt, including the power to build motorways which it has become obvious in recent years are becoming a necessity in some areas. Because of this doubt it was necessary to introduce legislation to clarify the situation.
I wish to put on record that the Fianna Fáil Government recognised many of these difficulties as far back as 1969. At that time a major decision was made instructing the Minister for Local Government to carry out a thorough review of all roads law and to prepare a comprehensive roads Bill which, as well as providing the additional powers that would be required, would also remedy the defects in the existing law and effect a measure of consolidation. As the Minister has rightly pointed out, a difficulty arose in Dublin where the county council had issued a compulsory purchase order for the acquisition of land to enable them to construct a motorway on the Dublin-Belfast road between Santry and the turn-off for Dublin Airport. A doubt arose in relation to their legal powers to acquire land for the motorway. At that time it was decided by the Fianna Fáil Government to proceed with the preparation of a shorter Bill that would confer adequate powers on the road authorities to enable them to construct, maintain and improve motorways. It would also enable the Minister to issue certain directions to the road authorities in relation to the co-ordination, planning and execution of works on national roads and motorways.
It was our intention to proceed with the general roads Bill referred to by me as a follow-up to the shorter roads Bill. I am pleased to note the Minister has stated that is his intention also and I look forward to the opportunity to discuss the whole question of roads policy in the not too distant future. However, although I look forward to the opportunity for a comprehensive debate on this matter, the Bill provided the Minister with the opportunity for some elaboration on the Coalition Government's policy in relation to roads generally. I do not think the Minister availed of this opportunity in his introductory statement and I do not know whether he intends to do so before the debate concludes. I would encourage him to elaborate a bit more on his intentions.
There are many aspects of road policies on which the Government have been so far very silent. One is the question of road reclassification. I hope the Minister will avail of this opportunity to try to tell us where exactly the Government stand on this matter. Our national roads have already been designated and the national primary and national secondary routes have been established. I should like the Minister to tell the House whether it is his intention to classify the roads which it was intended to form into a regional network. I am sure the Minister is aware that quite an amount of consultation has gone on between the Departmental officials on behalf of the Minister and the various local authorities. This happened prior to the selection of regional roads. I hope the Minister will let us know whether it is his intention to proceed with the classification of regional roads, as it was intended.
It is significant that in his four page introductory speech the Minister left possibly the most important powers in the Bill to a brief paragraph at the end. It is true to say that the Minister is taking unto himself quite elaborate powers under sections 11, 12 and 13 of the Bill. However, we can come to that in detail during Committee Stage.
When the Minister approves a scheme under section 4 (3), modified or otherwise, the relevant subsection states that the scheme shall have the same effect as if it were a compulsory purchase order under section 10 (1) of the Local Government (No. 2) Act, 1960. At this point I should like to ask the Minister to explain whether the procedures in relation to the making and the approving of that scheme will be in every way identical with the CPO process. I hope the Minister will elaborate on that.
One of the aspects of this Bill which will raise great difficulty and public concern is the whole question of compensation and under section 6 (5) it is indicated that persons who claim to have suffered some disturbance or depreciation in value will have the opportunity to claim compensation. I should like the Minister to elaborate more on this when he is replying— whether the system of claiming compensation will be exactly the same as that under the CPO process, whether, if agreement is not reached between the authority and the individual, and if it goes to an arbitrator, it is present day market values that will be paid in relation to land that is being acquired. Where houses are concerned, where a person's residence is being interfered with, if he is obliged to leave the area, will the Minister assure the House that such a person will be fully compensated by way of the construction of a completely new house at an alternative location with similar amenities?
It has been the experience in England and in other countries where motorways have been constructed, especially where they have gone through urban areas, where they are interfering with dwellinghouses, though some householders are not directly in the line of the proposed motorway but their houses are very close to and adjacent to the motorway, because of the density of traffic and the consequent noise and fumes and other disturbing features caused by the high volume of traffic, the amenities they enjoy in that environment are seriously deteriorated. Some people who find themselves in such circumstances may not consider that they would wish to live in such conditions and decide to move, even though the house might not be demolished. I should like the Minister to give an assurance that persons who find themselves in such circumstances because of this Bill will be compensated. I hope also he will give some idea of the machinery through which compensation will be assessed in such cases.
It is easy for us to pass legislation like this. It seems short, necessary and worthwhile, but it can have very serious effects on the lives of certain individuals in its implementation. Now is the time for us to give assurances to such people that they will be fully and fairly dealt with under any steps taken following the enactment of this Bill.
Under section 8 (3) and (4) the Minister is asking for authority to revoke planning permission if it is found that it exists in respect of ground to be included in a scheme. Again, I ask the Minister to give an assurance as to the exact machinery to be employed to assess compensation to people who have legitimately received planning permission and who find that permission subsequently revoked under this section where a scheme is being made. There is also the difficulty in relation to persons who have outline planning permission but had not proceeded to the stage of applying for full planning permission. They may find their outline permission has been revoked. When it comes to assessing compensation for those persons I should like to know whether there will be any distinction between the value of the outline planning permission and of the full planning approval. I should like to get from the Minister also the amount of the compensation to be paid. Is it to be based on the market value of the property in respect of which planning permission has been given at the time at which the scheme is made? These are very important and pertinent questions and we cannot be expected to accept the Bill in toto without assurances on such matters.
The Minister dealt very quickly with sections 11, 12 and 13. Under these sections completely new powers are being taken by the Minister. At the moment, confusion between the common law and statute law raises difficulties but I wonder is it necessary to seek such sweeping powers in the future to overcome the difficulties which are there at present or which can be anticipated. Under these sections it is clear that the Minister can authorise that a scheme be drawn up. One of the sections provides that if the Minister finds that a local authority are not complying or are refusing to comply with a direction from him, he can draw up a scheme himself with effect similar to CPO. The section says that following consultation the Minister can draw up a scheme. That is a very sweeping authority. If the Minister so wishes, all of the roads constructed under this Bill could be carried out under his direction, under his instruction, without the participation of local road authorities in any way whatsoever. Consultation can be a very nebulous thing. The Minister can consult but he need not be satisfied after consultation, which need not take very long, and he can decide to proceed in his own way.
In being asked to accept this Bill, I think the public should be aware and the members of the local authority should be aware that the Minister for Local Government is seeking supreme powers in relation to the construction of motorways and national roads under this Bill so that they will not be under any illusions as to what his intentions are. The whole question of whether it is proper and correct that the Minister should have these powers, or that he should, in fact, establish an authority to carry out the planning, designing and construction of these major highways, is a matter on which the House is entitled to some explanation from him. I am sure he is aware of the document published by the Civil Engineering Contractors' Association, which was prepared by the Construction Industry Federation in October, 1973 entitled Building a National Road System—a New Approach. I should like to quote from page one of that document and when the Minister is replying, perhaps, he will let us know where he stands in this matter:
At the present time most of the thirty-one local authorities (Dublin Corporation being the main exception) carry out the work of road construction on a piecemeal basis by the system of direct labour whereby each local authority employs its own work force to carry out the work which is designed and supervised by its own engineering staffs. The building of modern roads, however, and in particular the construction of a national highway network, is a massive undertaking in both civil engineering and administrative terms requiring the most sophisticated design and planning techniques and a high degree of skilled execution. Within the present system, however, planning tends to be on a county rather than a regional or national basis which seriously inhibits the achievement of optimum standards of design and alignment in the overall route. We believe that the requirements of national route planning, design and skilled execution of the work can best be achieved under a national roads authority which would be responsible for the planning, programming and design of national highway routes.
I would like some clarification from the Minister whether this Government favour a national roads authority or whether they favour the continuance of the existing system where each local authority is a roads authority in its own right and performs these functions under the overall general direction given by the Department of Local Government but where most of the planning and execution of the work is under the control of the local authority and the county engineer is the person mostly involved in overseeing the construction. There is a very big principle involved here.
It is obvious in the Bill that the Minister is seeking power which would enable him to establish a roads authority but he is not making it very clear whether, in fact, statutory responsibility for roads, which is at present vested in road authorities, will be affected in any way by this Bill. The Minister was rather cautious in his opening statement when he dealt with the question of finance. I suppose he got good warning from his colleague, the Minister for Finance, not to create the impression abroad that unlimited finance would be available immediately to undertake the immediate construction of a motorway on a massive scale. It is a wise precaution to include it there but it would have been more helpful if the Minister had given us some indication of the Government's policy in relation to the future financing of roads.
I understand some EEC regulations may have some influence on our method of road financing in the future. I hope the Minister in his reply will indicate in what way and when, if ever, the EEC regulations will affect the financing of road construction in this country and whether any approaches have been made by his Department or any member of the Government on behalf of his Department to secure special funds from the EEC for the construction of motorways in particular. The investment in roads is very important. I agree with most of the other sentiments in the Minister's statement about the capacity of our roads and the substantial increase in traffic. It is obvious that a heavy investment is needed and it is obvious from what he said that this legislation is needed if rapid progress is to be made. I believe we could make a very strong case to the EEC to obtain money from the regional fund or the social fund for the construction of roads.
This would help to open up the undeveloped parts of the country where we experience great difficulty in attracting new industry. It is my belief that a proper road network into the west of Ireland would contribute more to the industrial development of that area than any other single measure the Government could take. I am happy to see the Minister acknowledging that work is continuing on the surveying and designing of the first section of such a motorway to the west on the Kilcock/Dublin stretch. I hope he will give us some indication of the time scale he has in mind in relation to the construction of these motorways. I realise from the time you make a decision to construct a motorway until the first vehicle travels along it 15 to 20 years can elapse. Therefore, it is important that we should make positive decisions now if we are to see a good road network in a reasonable length of time.
The acquisition process can be very lengthy and can involve the Minister or local authorities in complex legal action which can delay his best intention. Delay in designing these roads and deciding where exactly they will be is not to the advantage of the country. I hope the Minister can give us some indication of the time scale of these motorways and where he sees the priority. There is mention in the Bill of the short motorway in the Dublin area from Santry to Dublin Airport. That seems to be the only positive decision so far so I hope the Minister will give us a clear indication of his intentions when he is replying.