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Dáil Éireann debate -
Thursday, 12 May 1983

Vol. 342 No. 6

Estimates, 1983. - Vote 27: Environment (Resumed).

Debate resumed on the following motion:
That a sum not exceeding £606,009,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 1983, for the salaries and expenses of the Office of the Minister for the Environment, including grants in lieu or rates on agricultural land and other grants to Local Authorities, grants and other expenses in connection with housing, and miscellaneous schemes, subsidies and grants including certain grants-in-aid.
—(Minister for the Environment.)

I was speaking about the Minister's proposals to introduce charges. I accept we will have an opportunity to discuss his Bill in the near future, as the Minister has told us he will bring it before the House shortly. However, I cannot let the occasion pass without making some reference to some of the proposals. In my view very radical changes are proposed in the method of financing local authorities.

The Minister is proposing a new form of local taxation. Under the old Acts there were provisions whereby charges could be made in some cases, which never amounted to great sums of money, but this will be changed and will be superseded by the Bill which the Minister proposes to introduce. There is one disturbing aspect about this. Following the abolition of domestic rates in the 1978 Act, an obligation rested on the Minister for the Environment to recoup in full domestic rate reliefs to each local authority. In the Bill circulated by the Minister he is reneging on that obligation. In my view he is seeking to replace it with an open-ended facility to transfer most of the funding of local authorities to new forms of charges which will be applied locally for services provided by local authorities. This is a fundamental, radical change and because of the open-ended fashion in which it was introduced leaves it open in the future for the Department to divest themselves of their present obligations to fund local authorities as provided for under existing legislation. I will not say much more about this matter at this stage as I will have another opportunity to discuss it.

I should like the Minister to give some indication of the administrative arrangements he has made to enable local authorities to collect the proposed £65 million in extra charges. Information has not been forthcoming from his Department regarding the cost of collecting the money or the new arrangements to be made. The Minister did not refer to the anomalous situation with regard to rate collectors. Formerly they were charged with the collection of all rates but because of legislation passed here they were relieved of their obligation to collect domestic rates. Now agricultural rates have been abolished totally and, therefore, much of the work the rate collectors were employed to do is no longer required to be done. Their duties and responsibilities are greatly diminished, but I am not aware that the level of remuneration has diminished in line with their reduced responsibilities. The Minister could have given us some indication of his proposals in relation to rate collectors and the cost of paying those people who hold appointments. Many people would support the notion that rate collectors should be involved in the collection of the new charges if and when this House agrees to legislation to enable the charges to be imposed. We did not hear anything from the Minister about this matter. I accept that he could not cover all the activities of his Department in an Estimates' speech. The workings of the Department cover a very wide area but I should like the Minister in his reply to give us some indication of his proposals in this matter.

With regard to local authority expenditure in general, I wish to ask what control local authority members exercise over expenditure in their areas. When councillors sit down at estimates meetings the situation is pre-empted because they are faced with the inevitability of accepting proposals put forward by the manager. Of course, long debates take place upstairs between the engineering side and the administrative side in the county council before the figures are settled. As I see the situation, the elected members play an increasingly less active part in the decision-making as to the items of expenditure to be agreed for the financial year. Managers and officials seem to play off elected members in one electoral area against members in other electoral areas. I will explain what I mean. The present expenditure proposals for each electoral area are presented in global form to the members, absorbing all available funds and councillors are obliged in the main to accept the proposals as presented. Otherwise a councillor could be identified as having opposed a specific project in his own electoral area and would find it difficult afterwards to justify his decision on the ground of greater need existing elsewhere.

I spoke earlier of the need to introduce procedures for programme planning and programme budgeting to enable five-year planning to be introduced in local authorities so that future expenditure patterns could be established and adhered to over a period rather than the disastrous ad hoc system which is operating and which is having a very bad effect. Councillors can promote urgent and necessary projects in their own area for years. They may raise the matter at council meetings, they may contact officials about them and generally they may put on considerable pressure to have certain proposals implemented. They may do this for years without success because of the way the system operates and because of the advantage which I considered officials are talking of the elected members.

There was some understanding of this problem when the White Paper on Local Finance and Taxation was published in December 1972. It set out recommendations to make financial control by the elected representatives more effective by bringing about a closer relationship between the independent resources of local authorities and the demand on those resources. That has not been implemented and the frustration still remains.

The time has come to have an independent assessment made of the cost effectiveness of local authorities. I suggest that a start be made by selecting six local authorities on a random basis to see if the services they provide require their present level of funding or whether their staffing levels are really necessary. It is my firm belief that competent, independent assessors would produce startling results. Elimination of wasteful expenditure, more responsible supervision and a return to more realistic staffing levels could reduce local authority bills by millions of pounds. However, because of the nature of things and the many vested interests in this system who will oppose such an assessment, it is unlikely that the Minister will take any action along the lines I suggest.

I believe it is part of the malaise of Ireland today. Striving for excellence seems to be a thing of the past. Are we not already paying a high price for the general lowering of standards so evident in many walks of life today? I take this opportunity, however, to urge the Minister to be his own man, to ignore the vested interests, to set in train an effective method of identifying waste and to take appropriate measures to eliminate recurring waste in the Department and in local authorities. He would do well to start an investigation in the house maintenance sections of our major urban authorities. Every pound saved is a major step on the road to economic recovery.

The Minister referred to the private sector in his address and was critical of the lack of investment by the private sector in the construction industry. The private sector cannot survive unless it makes a profit. That is always there as a restraint on the activities of the private sector. There is no such slat tomhais applied in the manner in which public bodies carry out their functions. I believe it is time, in view of the critical state of the nation's finances, to take a long hard look at the manner in which much of the ratepayers' and taxpayers' money is spent. I believe a lot of the waste could be eliminated, waste which is well covered up, very hard to root out, which no councillor at an estimates meeting of a local authority will be clearly able to identify and prove because of the lack of information provided to him. Waste is never referred to; it is covered up.

Overstaffing is a serious problem. As was mentioned in the debate this morning on the Transport Estimate, local authorities have been obsessed in recent years in merely maintaining their employment numbers. If local authorities are merely to provide employment per se, without any cost effectiveness being applied, let that be the Government's policy and let them stand up and say it. Let the people judge whether that is the way they want their taxes spent. I do not believe it is. I believe there is a great need now to guarantee those who are paying the tax that the public service is giving value for money. In the Minister's area of responsibility where, as he outlined himself, he controls the expenditure of hundreds of millions of pounds, I am convinced from my experience that there is room for a major overhaul resulting in the saving of millions of pounds for the taxpayer. I doubt if the Minister will tackle that.

With regard to the organisation of local authorities, the Minister said that a lot of thought had gone into this in the past. If some of us had been given the opportunity we would have implemented proposals which were well publicised. Successive Ministers, however, over the last few years have not really taken any action regarding the re-organisation of local authorities. The White Paper in 1971 made certain proposals, but very few of them have been implemented since then and no serious review of the necessity to re-organise local authorities has been carried out since then.

What are the Minister's views in regard to the organisation of local authorities? Surely he must agree that the existing structures need to be examined. Many of them were established in the last century at a time when the population of some local authority areas was only a fraction of what it is today and the expansion of housing, commercial and industrial development since has been ten and 100 fold. If one examines the basic legislation upon which the authorities are established, the areas of responsibility, the number of members on each authority and the areas which they are serving, one can see that the whole framework is in need of immediate overhaul and a more meaningful structure established to meet modern needs and the needs of expanded areas.

The functions of local authorities need to be reviewed. New areas could be identified, but in many cases the opposite is the trend. I see the Department usurping many of the functions of local authorities. The National Building Agency has become a huge organisation. It has developed into something which it was never intended to be at the outset. It now seems to be performing the functions of various housing authorities throughout the country. It is a whole new empire inside the Department of the Environment and controls the expenditure of millions of pounds by local authorities. It claims it is performing a very useful task. Nobody has ever looked at that system to see if there is any need to continue the National Building Agency or whether it might not be an unnecessary lair of bureaucracy costing more money. We cannot afford to continue waste.

With regard to the administration of roads, it seems to me that a lot of the decision-making has drifted into the Department. Slowly, bit by bit, with little bits of legislation here and little bits of new regulations there, all the decisions in regard to expenditure on the road network throughout the country are now made inside the Department. The experience of elected members to local authorities in regard to their own areas and the specialised knowledge of local engineers are being disregarded by the Department officials, who are determining how much money there is and where the money shall be spent. This is causing a lot of frustration at local authority level with the officials, engineers and elected members. The Minister and the Department should know that this situation must not be allowed continue without being looked at seriously and the power and the decision-making returned to those who were elected by local people.

We have the great scandal of O'Connell Bridge House and the Custom House administering housing grants, home improvement grants, water grants, group water scheme grants, which functions could be performed adequately at local authority level. In my view and that of a substantial number of people it is absolutely unnecessary that a person seeking a grant from the Government should have to make an application to an office up in Dublin in respect of a house which is being built down the country. To build a new house one must obtain planning permission. It is the local authority who go out to look at the site and who make a decision in regard to the planning. All right, there may or may not be an appeal and that is a different matter, but in the bulk of cases the planning application is granted locally and the services and infrastructure available for that potential house are provided by the local authority.

Nobody has a greater knowledge of the location of the house and the physical structure which is being erected on the site than those who are working locally. It seems absolutely ludicrous that an inspector from the Department of the Environment in Dublin must travel down to the house, look at it and approve it, making two visits in some cases before the grant is paid. That has been the process for a long time. All Governments have operated the system and it is not an answer for the Minister to tell us that this operated when our people were in power. I know there is room for improvement and I do not accept that things which we are criticising now should not have been criticised when my party were in Government. They should, and my criticism here is being made in a legitimate way. This unnecessary waste, this double supervision prior to the payment of a grant in the housing area, must stop.

The Government should recognise the role of the local authority in a democratic State. The people can identify more easily with a local rather than central Government and decisions in regard to priority to be given to major local projects should be with the local authority who themselves are charged with implementing these projects and services. It is of little use to allocate £10 million for improvements in, say, a national primary route or even other road networks in a local authority area if the elected members of that authority have no say in what section of that national primary route the money shall be spent. I understand that all major decisions in regard to road expenditure are being made in the roads section of the Department with no heed to the views of the elected local representatives or council engineers.

Somebody must call a stop or the local authority system will become a farce. Well-intentioned local leaders will withdraw from membership of local authorities. The frustration with the present system gives plenty of evidence of the possibility of dedicated councillors withdrawing from membership of local authorities. People in the Department are public servants and should not have the power to dictate to local authorities as they have been allowed to do in recent years. Local authorities are in a unique position to provide and maintain essential services and infrastructure and to operate State schemes in their sphere of influence. More rather than less power should be allocated to local authorities. The Minister in his speech seems to agree with that principle, but the difference between the word and the deed in this regard has been very blatant over the years. I hope that this Minister will take some positive steps and that we will see some positive results of the intention which he expressed here in relation to devolving the powers.

How can succesive Governments condone the inefficient and expensive system of operating all these grant schemes? The determination of the Department of the Environment to hold on to their grip on the administration of these schemes is not based on practical administrative principles. No. Their determination has more to do with the perpetuation of a mini-civil service empire in the Custom House. This is a scandalous waste of money, and again I call on the Government and the Minister here today to take immediate steps to stop this waste, to reorganise the administration of these schemes and to ensure that, in future, legislation will be enacted and regulations made to ensure that they will be operated through the local housing authorities, the local road authorities and the local sanitary authorities. At present local authorities have these responsibilities in name only and the practical application does not arise. As a small example of the type of double standards which the Department apply under the Planning Acts, a local authority must decide on a planning application within a period of two months from receipt of application but in the case of an appeal — which formerly was made to the Minister and the Department of the Environment and now is made to An Bord Pleanála—no such time limit applies. Why should this major difference exist? Why should the obligation be placed on the local authority to perform within a specified period when no such obligation is placed on the higher, central authority? That attitude of mind runs through many of the Acts and regulations administered by the Department and we cannot afford that luxury any more. We must tighten the belt and ensure that cost effectiveness is examined and applied and that the taxpayer is getting the value of these services which public bodies and local authorities are giving.

I go on to refer to the statement which issued to the papers on 15 March 1983 and I quote from The Irish Times under the heading “Spring says Bord Pleanála under review”:

The Minister's statement reads:

The operations of the Bord Pleanála have been under review, as already announced. This review stems in the first place from the serious deterioration which has taken place in the arrears of work on hands in the board, and the implications of this for employment and for economic activity.

I had a parliamentary question down yesterday — I have already referred to this and I will go into more detail. The Minister has made big play and he has issued several statements regarding his concern about the operations of An Bord Pleanála. He claims that the reason why he is so concerned is the backlog of appeals, the serious deterioration that has taken place in dealing with appeals. Where is the evidence of this? I am as concerned as the Minister and the rest of the country about the delay in deciding planning appeals. It is scandalous that large developments can be unnecessarily held up in this bureaucratic tangle in An Bord Pleanála. There is no point in saying, as the Minister says — whether he is right or not he is so reported in the newspapers — that abolishing An Bord Pleanála and re-establishing it is the solution. I warn the Minister to tread very warily in this area. If there are complaints about the performance of An Bord Pleanála let us deal with the mechanics of those complaints and see where the truth lies, There is a great suspicion of a much wider political implication in the Minister's intention in regard to An Bord Pleanála. I warn him that if that is so he will be setting himself on a road which all of us in this House would decry. Boards are established and members are appointed to them by Government and if the credentials of the membership of thoses boards are to be questioned by new Governments after a change following an election, then the Minister will be bringing us into a new era something along the American style whereby when a change takes place in Government here, all those people who have been appointed by a Government to act on State boards would all be sacked and replaced by people more amenable to the new Government's way of thinking and doing things. If the Minister is seeking to abolish An Bord Pleanála and to replace them with his friends I warn him that he is treading on a very dangerous road. There is no evidence in the figures given to me yesterday——

I would not do that.

——about a serious deterioration in the number of planning appeals being dealt with in An Bord Pleanála.

I would not do that sort of thing.

In 1978, the number of professional staff employed at the end of the year was 15 planning inspectors. The number of appeals received was 3,551 and the number disposed of during that year was 3,722. The Minister said that there has been a serious deterioration in the number of appeals disposed of. In 1982 the number of appeals received was 4,740 and the number disposed of was 3,662. That is 100 less than the number disposed of in 1978. Where is the evidence of the serious deterioration in disposing of planning appeals? To all intents and purposes the number is constant because the number of planning inspectors is constant. How can you expect the same 15 men to turn out a higher output unless they completely ignore planning considerations involved and make hurried decisions? The obvious need is to increase the number of professional staff in An Bord Pleanála. It does not matter how many members you appoint to the board itself because they only make decisions on the report of the planning inspector and they cannot decide any appeal if the planning inspector's report is not brought before them.

If there are not enough planning inspectors to accelerate the number of reports going before the board, you cannot have any increase in the disposal of appeals. There is no logic in the statements which the Minister has been issuing over the past four or five weeks. We on this side of the House must come to the conclusion that the Minister has ulterior and political motives for wanting to create the impression with the public that there is something amiss in An Bord Pleanála. If there is, why does the Minister not State what it is because it is certainly not the rate of disposing of appeals? The number of professional staff employed in 1978 was 15, in 1979 it was 16, in 1980 it was 15, in 1981 it was 15 and in 1982 it was also 15. At this point in 1983 it is still 15. The Minister should stop issuing these ridiculous statements——

How many statements have I issued?

——that he is concerned about the deterioration in the disposal of planning appeals when he cannot have any acceleration in the disposal of appeals unless he provides them with the planning inspectorate to deal with appeals on hands.

In 1977 there were 1,684 appeals on hands and in 1982 there were 3,255 on hands.

The solution is not to abolish the board but to appoint more planning inspectors. If the Minister cannot see that it is hard luck on the construction industry.

I can see that and a lot more.

The Minister or his predecessors have not appointed sufficient staff to deal with the increase in the number of appeals. The increase was not that staggering, the number of appeals received in 1978 was 3,551 and the number received in 1982 was only 4,740.

It is not the number received, it is the delay.

It is the number disposed of in relation to the number of staff to deal with them. How can the Minister criticise the fact that the same number of staff are not able to increase their output? Is that what the Minister is criticising? Is the Minister criticising the individual planning inspectors because their output is not satisfactory? If that is the case, the Minister should say so. It makes no sense to say that An Bord Pleanála has to be reconstituted because of this. There is no logic in it and there is obviously some ulterior political motivation on the part of the Minister.

That is not my style and the Deputy knows it.

Any fairminded person looking at the output could not but arrive at the conclusion that there is an obvious need to increase the number of professional staff in An Bord Pleanála so that we will not have a backlog of appeals. To date, the backlog is 3,500. In 1982 it was 3,255 and 2,177 in 1981. There is no point in giving any more figures. Everybody will agree that there is a backlog of appeals waiting to be decided but the output of the existing number of inspectors has remained fairly constant. From my experience one cannot expect to have a fixed time on each appeal because some of them involve complex work although others are fairly straightforward. If you had an appeal for a smelter it could take up an inspector's time for six months but if there was an appeal for just one house it could probably be disposed of in a morning. One has to recognise that just going by statistics is ignoring the human element. The Minister is being very unfair to the dedicated staff of planning inspectors employed by An Bord Pleanála. I do not know any of them but there have been only 15 since the board was started.

I should also like to remind the Minister that a Joint Committee of the Oireachtas has been established to review, among other things, the operation of the Planning Acts, including reviewing the operation of An Bord Pleanála, development plans, how they operate and their effect on building land prices. If the Minister wants that committee to carry out the functions which this House asked them to do it would not be helpful if he came forward with major legislation before that committee have deliberated. I had hoped to ask the Minister to have a special look at some of the problems in my own constituency. I hope the House will forgive me for referring to local problems but, as a Deputy for that area, it is of very great concern to me.

I wish to refer to a study carried out by An Foras Forbartha on accident patterns in the Galway and Donegal Gaeltacht areas, December 1982 Accident Patterns. It has some startling results in regard to expenditure of road moneys which if provided where they are needed would prevent the problems from continuing. There is no proposal to deal with the very serious condition of the roads in the area where all these accidents take place. The conclusions find that the road between Inverin and Spiddal has a disproportionately high accident rate. It should rate as a priority area for road traffic accident prevention, both relative to other roads in the country with a similar traffic flow and to the immediately surrounding roads. Similar remarks apply to the Bunbeg-Derrybeg road in County Donegal. Detailed investigations in conjunction with the local authorities are called for in order to identify appropriate counter measures to reduce the disproportionately high frequency of accidents. Before the Minister visits Galway to see the condition of the roads, I suggest he should read that report. He can have discussions with the elected councillors in the Galway area and they will assure him of the need for heavy capital expenditure to improve the standard of that road which, unfortunately, has been the cause of many fatal accidents. There have been 37 very serious or fatal accidents there over a short period of time.

On the question of the lead content in petrol, I am very concerned that the Minister has not yet indicated what our attitude to this problem is and what action we propose to take. Lead is a lethal poison. There is substantial medical evidence that the majority of urban children suffer brain damage as a result of inhaling lead from petrol. I am told Irish petrol has the highest lead content in Europe. Ireland alone exceeds the maximum limit permitted by the EEC.

If the intelligence of children is affected by the lead content in petrol sold to motorists, I consider that is a very serious matter. I do not see why we should lag behind in bringing in legislation to change that situation. At the moment Ireland has a 0.64 grammes per litre lead content in petrol, the highest lead content in petrol in Europe. This petrol originates from our only refinery, Whitegate in Cork. I know there are other considerations but, if the health of the nation is at stake, it is time we set up a programme to introduce lead free petrol as quickly as possible.

In Britain they made some major decisions recently. We are allowed to exceed the EEC limits. That is disastrous. I do not care what the employment considerations are. My party may take a different stand from mine. I am expressing my personal view. It is essential that we proceed immediately with the introduction of legislation to ban totally the sale of petrol with any lead content. The engines in motor cars should be adjusted to enable them to run satisfactorily on lead free petrol. I understand that is being done, and that imported cars will be able to use lead free petrol. There are many other things I wanted to say but I have not got time to do so now. Other Members from my side of the House will contribute to the debate later on.

I should like to commence by agreeing very strongly with the previous speaker on one thing if nothing else. I hope the Minister will attack and deal vigorously with the question of the lead content in petrol. It has been fobbed off by successive Ministers. I raised it in the House on a previous occasion. Slowly but surely our children are being poisoned by the lead poison being thrown out by heavy traffic, particularly in the densely populated urban areas. Lead poisoning is one of the most invidious forms of poisoning. It stays in the blood stream on a permanent basis. Our control regulations are the loosest in Europe. It is high time drastic action was taken. I know there is a cost element involved. That is too bad. I am sure the petrol companies are making enough profits to enable them to absorb the cost of providing us with petrol which can be used without risk to our children.

While I am on the subject of pollution, it is a fact that in the Dublin urban areas the level of air pollution, apart from the lead in petrol pollution, is becoming too high for safety and getting out of control. This has arisen primarily from the oil crisis of 1973 as a result of which so many thousands of householders have transferred from oil fired central heating to the use of solid fuel. That is giving rise to serious air pollution in the Dublin area. It is invidious, unseen, but very real and that is being shown on an increasing basis.

In the United Kingdom they have taken steps to provide smoke free zones, and to encourage the use of smokeless fuels. Up to now we have lagged very far behind in implementing those essential safety measures. I urge the Minister to have a look at this matter during his term of office in the Department. These factors arise from the change in the levels of population over the past decade in particular. Successive Ministers for the Environment and successive Governments have not given the necessary attention to this subject. The problem is highlighted in my own constituency and in County Dublin generally. Three massive new towns were planned and built, including the largest of them, the new town of Tallaght, with a population now coming close to the 100,000 mark.

The planning arrangements for the administration of the town of Tallaght bear no relationship to the situation on the ground. Administration is in the hands of Dublin County Council, a body in virtually an unchanged condition since they were set up in 1898. It is quite impossible for the present structures of Dublin County Council to cope in a localised and adequate manner with the three new towns which have been built up in County Dublin, the fastest growing areas, as has been said, in the whole of western Europe. In the past ten or 15 years these towns have been built up from villages with a population of 2,000, 3,000 or 4,000, to the 100,000 mark.

The whole concept of local Government is that there should be a local input. The local people living in their areas, and knowing their areas, should control the planning and development of their own areas. Perhaps that was the situation in County Dublin years ago when it was a rural area. Such is no longer the case. For the most part County Dublin is now very much an urbanised area. If we are to have proper local democracy in County Dublin, it is essential that the new towns be granted urban status. I urge the Minister to introduce legislation, if necessary, or, failing that, to avail of the appropriate statutory procedures, to provide urgently urban status for the town of Tallaght and the other new towns which have been built in County Dublin.

The existing structures for planning and control there have failed very badly. They have done nothing to meet the needs of the town of Tallaght. As a result of the lack of proper control, Tallaght has been built up and yet the town centre is unbuilt land to this day. The plans are there but to date not a sod has been turned to provide the heart of the new town, to provide the infrastructures, to provide the community services for which the people are crying out.

The demand from the people of Tallaght for these services has been made known. There have been communications to the Department, but the necessary steps to implement them have not been taken so far. Tallaght has suffered very badly as a result of shortcomings and shortfalls in the planning system and in the planning control system. We have suffered as a result of bad planning, bad planners, and at the hands of decisions made by the county council for which county councillors, or many of them, unfortunately have responsibility. We have suffered also from some pretty appalling decisions at the hands of An Bord Pleanála. We are suffering there from urban development blight. For the most part the enforcement section of Dublin County Council is grossly overworked, grossly overstretched and they are quite unable to cope. They are unable to provide the essential degree of control to ensure that the numerous new housing estates which are at various stages of development are completed in a responsible manner and that the developers of those estates are brought to book when they are in default. I am sorry to have to say that all too often that is precisely the case.

We have many massive estates in Tallaght where builders, after completing their houses in a manner of speaking, left the site, were away for years after taking their profits, leaving unfinished roads and paths, incomplete open spaces, lighting not working in a satisfactory manner and defective drainage and sewerage. The enforcement section of the local authority have been doing their best and have brought legal proceedings but the complexities of those proceedings are such that notwithstanding their efforts the situation all too often in many estates is left as it was year on year. That gives rise to intense frustration by the people who bought their houses in good faith and went to live in the new town of Tallaght. There is an insufficient degree of control over the planning process and a major look will have to be taken at it.

One of the major problems arises from the fact that there is no law which ensures that what is necessary to be built to service people coming to live in a new area is provided within a specific time scale. It is left in the hands of the developers to build what they want, how and when they want. They put in their planning applications when it suits them and they provide the structures when it suits them. Some arrangement ought to be made whereby when a planning application is lodged some type of bonding is insisted on to ensure that if the application is granted it will be implemented within a specific period. The present sanction which exists of the wasting of a planning permission is altogether an inadequate one. It ought to be the position that if a developer comes forward with a proposal he should be asked to give a bonding and a commitment to provide a shopping centre, or whatever the facility may be, within the period determined as necessary by the local authority for the service of the people living in the area.

There has been a good deal of discussion about An Bord Pleanála today. Whether the problems of the delays in An Bord Pleanála which are reaching scandal point — I am not talking about what the reasons for that may be — are caused by the board, insufficient staff or whatever, I do not know but something will have to be done about the matter because there are appeals on the waiting list for up to 12 months. That is an entirely unacceptable situation. Something will have to be done about that. I believe it was towards that end that the Minister was directing his comments in the newspaper report quoted by Deputy Molloy. If it is found that additional staff are necessary then, clearly, the staff must be appointed. However, many of the decisions given out by An Bord Pleanála have caused grave public disquiet. The whole procedure there, the whole basis on which the procedure operates, will have to be looked at. I was glad to hear the Minister's statement to the effect that new legislation is in the pipeline to deal with that. The problem arises largely because An Bord Pleanála is too remote from the people. That is the primary problem. Nobody knows exactly who is making the decisions. Are the decisions being made by inspectors, sub-inspectors, or the chairman of the board? Do they have meetings? Nobody knows who makes the decisions.

When one makes an appeal from a court and goes to the Supreme Court, the Court of Criminal Appeal or the Appeal Commissioners on income tax, or whatever, one can see who is making the decision that affects one but the situation in An Bord Pleanála is at a different remove. There we have a situation where nobody knows who is making the decison, it is remote, it is behind closed doors, it is sight unseen. That is wrong. The procedure must be that a person who acts as a judge is seen to be the judge, particularly in the case of oral hearings which would suggest that there is a fair method of determining a decision. Oral hearings are not conducted by the person who makes the decision but by an inspector who takes a note of the evidence. At the end of the oral hearing he announces that he will make his report to the board. Who is on the board? What section of the board is involved? Those people are not present to hear the evidence, the crossexamination of witnesses, to see the planners or the members of the public who attend. If new legislation is to be introduced, as indicated by the Minister, it should be on the basis that the person or persons who will make the decision on planning appeals attends the oral hearing to hear the evidence. They should be seen to be the judges. Planning appeals are matters of great substance that affect the lives of people. They relate to where toxic dumps are permitted, where factories that might cause problems in settled areas will be located and it is essential that the judges of those appeals appear before the public.

We are left with many incomplete estates and faced with situations where many of the developing companies have gone into receivership. The prospect of getting many of those estates finished in a proper manner and taken in charge is looking dimmer. We will have to face that situation in a number of different ways. In the first instance arrangements will have to be made to hold the directors of companies that go into receivership or liquidation, in many cases where wrongful trading has taken place, personally responsible to complete those estates. They have taken money from young married couples who put their life savings into buying a house. It is intolerable that they should be allowed to escape and wash their hands of the company because it has gone into receivership while they are trading or building elsewhere and about to repeat the process. Local authorities, or the central authority, will have to make provision to ensure that notwithstanding the receivership or liquidation those estates are completed. We should not accept that the estates will be left there decade after decade and some of them have been in bad condition for many years. Local authorities will have to accept a responsibility in this because it was up to them when they were granting planning permission to ensure that adequate security was provided to secure the completion of those estates. All too often that has not been done. They take out bonds from insurance companies to ensure completion but what happens? No account is taken of the impact of inflation and with the passage of time the amount secured by the bond, which might have seemed adequate at the time, turns out to be derisory. The local authority will have to accept responsibility for the completion of these estates. The Minister will have to ensure, by consultation with the local authorities, that arrangements are made to bring the estates up to standard and complete them.

An effort was made in the 1976 Act dealing with planning by means of the section 27 procedure to bring defaulting developers to book in a speedy and efficient manner. That has been of some help to local authorities. All too often, unfortunately, the complexities of many large scale planning permissions, involving 500 or 1,000 houses in one permission, as we frequently have in south County Dublin, mean that this procedure does not work efficiently. It was intended to be a simple procedure but we have experienced difficulty in implementing it. Much of the time of skilled staff has been taken up with it. Developers have very skilled lawyers, planners and architects at their disposal to resist these applications.

As regards defaulting developers, we will have to have a cheaper, more efficient but harder hitting District Court procedure. Provision must be made for simple District Court summonses to be issued against them. We must have realistic penalties. The maximum penalties provided in existing legislation are inadequate and derisory. We must have substantial penalties in order to compel defaulting developers to complete estates and carry out what they undertook to do when they received planning permission. We should make provision for directors of defaulting companies to be held personally responsible in addition to the company.

When a local authority make an application to a District Court for an order directing a defaulting developer to complete, for example, a certain open space, the District Court should specify a reasonable time within which it is to be done. In the event of default there should be a continuing offence for which there would be a penalty day by day. That kind of arrangement applies in certain cases under housing legislation but not under planning legislation. That could be a useful weapon in the hands of a local authority. It is badly needed in the County Dublin area.

One aspect of the work of local authorities sorely in need of updating is the compulsory purchase order procedure which is as antiquated as the day is long. It is well known by landowners who are subjected to this procedure whether their land is required for housing, open space, road development or whatever that it can take three, five or seven years. It can go through the courts and once that procedure is undertaken everyone is in for a long haul. The land may be needed quickly to provide housing and other essential services for the community. It is long past the time for new legislation to be brought in to speed up and simplify compulsory purchase order procedures.

The itinerant problem is very serious, particularly in County Dublin and other locations. There has been an enormous concentration of itinerant families in the County Dublin area, particularly in Clondalkin and Tallaght. This has given rise to serious problems for the itinerant families and also for the settled communities living nearby. The local authority, Dublin County Council, have made some efforts to try to deal with the problem. Provision has been made for halting sites at certain locations. These were considered for many hours by the elected members of the council. It has proved wellnigh impossible to secure the agreement of the elected members of the council to the provision of anything like an adequate number of halting sites even to begin to deal with the problem. What has happened in every case is that when a proposed halting site is suggested for one location the local councillors representing that area come under intense pressure from the residents of the area and are prevailed upon to vote against the proposal. I came under that pressure and I am sure every councillor, particularly in the Dublin area, has experienced this.

I have thought about this problem long and hard, as it is a serious and difficult one in my area. I have come to the conclusion that the local authority do not have the political will to make realistic efforts to try to resolve the problem. I do not say that in any sense of condemning any councillor; we all carry that responsibility on our shoulders as councillors. If we are to have any hope of resolving this serious problem it will have to be done at national level. I call on the Minister to accept that he will have to undertake the responsibility of tackling this problem. I urge him to set up a task force for this purpose representing the local authority, travelling families, the local settled community, groups who assist and work with travelling people and any other necessary interests. He should give them plenary powers to acquire sites at appropriate locations for the purpose of commencing a resettling programme for the travelling people. This task force should be directed as to the type of dwellings and halts to be provided. They should be given a specific direction that these settlements should be located in all areas. We should not be faced with a situation where they are concentated in one type of area and where another type of area is considered exempt. They should be fairly and equally distributed in all types of areas.

This is an important and urgent matter. Unless the Minister is prepared to undertake this task we will make little or no progress in dealing with this human and tragic problem which is causing such difficulties both for the settled community and for the travelling people.

As regards housing, as Deputy Molloy said, the building industry has never been worse off. I have been looking at the building index with which we are furnished every month. All one can see is a deterioration each month. I urge that the maximum possible funds be made available, even in those difficult times, to give a fillip to the building industry in an effort to generate some activity in construction, particularly of houses so badly needed in local authority areas. The housing lists in Dublin city and county are as long as ever and the demand is as great as ever, but the number of houses coming on-stream are not nearly enough to meet the urgent need.

The Minister touched on something that has been in my mind and troubling me for some time. I referred to it in my speech on the motion last night. It is the importation of building materials to be used in housing and general construction throughout the country. The Minister said that half of the imported materials, valued at about £350 million, could have been produced here and could create employment for as many as 10,000. Relatively speaking, we have one of the worst trade balances in Europe in this respect, and in this area our exports have increased by only one-third. Why is that? Who is to blame? Are we to put the blame on the EEC, the Commission, the Council of Ministers? Not at all. The blame rests on nobody but ourselves because we have not taken any steps to redress the situation. We are dealing here with controls on imports of building materials that could be produced at home. All the other countries are doing it and that is why our exports increased by less than one-third and why our imports of these same materials have doubled. Those countries are using protections against us.

The recent report of the Council of Europe, published a few weeks ago, showed that 46 per cent of imports into the developed countries are subject to restrictive controls. It is time we got wise to ourselves. The argument, which is spurious, is to the effect that if we take action to protect our vulnerable industries there will be retaliation against us abroad. The retaliation has been taken against us. Although we practise free trade, we get harassment by, for instance, the French, with their restrictions, tariffs and quotas. This was shown in the report of the Council of Europe to which I referred. If we are suffering here we have ourselves to blame and I ask the Minister to look at the situation and to ask the Department what is being done to protect us against these spurious arguments that we cannot take steps to secure those additional 10,000 jobs the Minister referred to this morning.

There are many other matters I wanted to refer to but I will confine myself to a few points because Deputy Durkan wants to get in. One matter of importance is vehicle registration. There is one aspect of that which, as a practising solicitor, I find most frustrating. There is no method whereby it is possible to ascertain from the vehicle registration office details as to whether insurance cover is applicable to a particular vehicle. One can write to the registration office and find the name and address of the last owner but they are not prepared to furnish details of what insurance cover that vehicle had. There is no earthly reason for withholding that because in the file in relation to that vehicle they must have details of the insurance on the vehicle. I urge the Minister to make regulations to insist that the registration office would be required to give the details.

The Motor Insurers' Bureau Agreement is another matter. This is a special hobby horse of mine. The last bureau agreement, negotiated between the then Minister for Local Government and the insurance group of companies, is dated well upwards of 30 years ago and it is high time it was renegotiated and updated to take account of serious shortfalls. It should be brought on a par, at least, with the equivalent UK agreement. Serious shortfalls in the agreement affect the victims of hit-and-run drivers, and there are many such cases these days. If a person is unfortunate enough to be injured or crippled by a hit-and-run driver the bureau disclaim liability or responsibility to compensate. In the UK that was changed a long time ago and I beseech the Minister to renegotiate that agreement. If he does, many unfortunate victims of road accidents will be extremely grateful to him.

First of all, I support the remarks of the last speaker in regard to imports of building materials. At a time when we have 200,000 people unemployed it seems a terrible contradiction of our patriotism that we have such a high rate of imports when we could produce the same materials at home and thus provide 10,000 extra jobs. It is an absolute scandal that we have vested interests who in this difficult time pursue a policy detrimental to the economy and to the woodwork manufacturing industry. If that is allowed to continue the competition caused by those imports will send Irish businesses to the wall and we will have further need of imports. It should be carefully looked at. I hope the Minister will be able to bring pressure to bear so that in our local authority schemes Irish manufactured materials will be used. We do not do that. The hue and cry about unemployment seems so much hypocrisy because we have the means to remedy the situation and we should take whatever steps are open to us.

I would like to refer to the local authority house building programme. In the last number of years it was not possible for the local authorities to meet their housing requirements. In many countries there are vast numbers on the housing lists living in cramped, overcrowded and unfit conditions which are detrimental to their health and that of their children. A typical example is a husband and wife with two or three children in a caravan or mobile home, without services, sometimes without any power, no sanitary services, living there for four, five, six or seven years in order to get a local authority house. If they made any attempt to improve their housing conditions while on the waiting list they would automatically drop back in points and ultimately damage their chances of acquiring a local authority house.

The present system encourages us to condemn our young population to live in conditions which are totally unacceptable and unworthy. The time has come to encourage private enterprise, with the agreement of the local authority and the Department, to develop and build houses of the type required by local authorities. Those houses should be made available for sale to people on the housing lists under the Housing Finance Agency scheme. This could be done under present legislation and more encouragement should be given to fostering such a scheme.

Many people on those lists would be delighted to buy their own houses, and many of them would have sufficient income to do so under the Housing Finance Agency scheme if a suitable house was available. I ask the Minister to consider introducing a pilot scheme along those lines. In County Kildare there are approximately 2,500 families seeking rehousing. Over the last number of years, particularly since 1977, we have been able to build approximately 180 houses per annum, far short of our target which is in the region of 600. A scheme along the lines I have suggested would have the added advantage of relieving some of the burden on the State for providing local authority houses.

The Minister referred to the Housing Finance Agency. That agency has given many couples the opportunity to buy and own their own houses, an opportunity which did not exist previously for the simple reason that there were insufficient funds available through the SDA loan system, and many of the people looking for loans did not qualify for building society loans because they did not have sufficient savings. The Housing Finance Agency scheme goes a long way towards meeting those requirements. Recently I met a young couple, both under 21 years of age. the husband was employed and anxious to house himself, his wife and his family. The house was available at an agreed price but because neither was 21 years of age they could not enter into a mortgage agreement. This means they are now on the local authority housing list. The Minister might consider introducing a guarantor system.

I must refer to local authority housing repairs. Every county council have a problem in this area. The present system is totally unsatisfactory. A builder builds these houses and two or three years later a number of repairs need to be carried out. Sometimes they are attended to and sometimes not. If they are not the tenants usually get in touch with their public representatives to have these repairs carried out. Over the last five or six years the amount of money spent on that area has increased dramatically, sometimes up to 300 per cent, and we appear to be getting little return for our money.

I suggest that a new system be introduced. There should be stricter supervision by the local authority when the houses are nearing completion. At the end of a six- or 12-month period the developer should be compelled to carry out any structural repairs needed. After that the tenants could be told they were responsible for further repairs. This is a waste of public funds, public representatives' time and the time of public officials who have to visit these houses, making reports, and refer them to the engineering section where they remain, because there are not sufficient funds to carry out the repairs. I ask the Minister to consider some changes in this area in order to bring about greater efficiency from the point of view of the local authority and the tenants.

The state of our roads is in the mind of every local authority member. As a member of the Eastern Regional Development Organisation I would like to deal with the roads in County Kildare and the eastern region generally. It is not commonly appreciated that in the eastern region there is more pressure on our roads than in any other part of the country because commercial and domestic traffic going to and from the capital city must go through one of the counties immediately adjacent to Dublin — Kildare, Meath and Wicklow. Because of congestion on our national primary routes, a great deal of that traffic has gone on our main and county roads. The destruction of those roads has been nothing short of dramatic in the last few years.

Debate adjourned.
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