asked the Minister for Local Government why Donegal County Council failed to proceed with the erection of a protective sea wall at Inver, County Donegal; and whether he has any objection to such work being carried out.
Ceisteanna—Questions. Oral Answers. - County Donegal Sea Wall.
21.
There are no proposals from Donegal County Council regarding a protective sea wall at Inver before my Department at present. I am not, therefore, able to comment on the matter.
In view of the question put down to the Minister which is only subsequent to other efforts through his Department to get certain information regarding this matter, has he made any effort to find out what the exact position is in Donegal in regard to this item which is a very serious one, as he understands, for the people concerned?
Donegal County Council apparently were considering the question of execution by direct labour of protection works at Inver at a relatively small figure, to be borne by the rates, and they apparently decided not to proceed with it on the grounds that the protection required does not concern council property. That is all I know about it.
Is the Minister aware that Donegal County Council, in view of the urgency of doing this piece of protective work and in view of the unlikelihood of it being done under any other agency in sufficient time to save many houses, the roadway and property, unanimously decided to provide £24,000 to do this job? Is the Minister aware that they were told subsequently by their manager that he was advised that legally they could not and were not entitled to spend money on this job?
I would be very surprised if that was the case. The figure was not £24,000 but £2,400. This is the amount of money which they had been considering spending on it and they would do it from the rates. There is no question they could not do it. Even if there was no council property involved they would be entitled to do it if they desired. They did not, apparently, decide they would do it. The information I have is that they decided they would not do it.
The £24,000 is in fact the correct figure. The £2,400 could be another figure for a fiddling job. Am I reading the Minister correctly when taking from his last reply to me that he said the council were entitled to spend money on this work even if it did not involve public property?
The local authority have power under section 2 (3) of the Local Authorities (Works) Act, 1949, as the Deputy is aware, to carry out relief or protection works in their functional area where they are of opinion that damage from flooding, landslides, subsidence or other similar occurrence has been sustained or is likely to be sustained, that it is in the public interest to afford relief or protection from the damage. The power applies to land which is not owned by the local authorities. Of course, there is no subsidy from the State for works carried out under this.
They may, therefore, do it?
Yes.
Would the Minister be kind enough in his official capacity to inform the Donegal county manager and his law agent what the law is in regard to this matter and stop them misleading their council members?
The local authority members in Donegal should be aware of the Local Authorities (Works) Act and also the section dealing with this matter.
(Interruptions.)
Questions Nos. 22, 23, 24 and 26 are postponed.