asked the Minister for the Environment if he will make a statement on the operation of the Derelict Sites Acts; and the extent to which revision of these Acts may be necessary.
22.
Ceisteanna—Questions. Oral Answers. - Derelict Sites Acts.
16.
asked the Minister for the Environment if he will consider giving powers to local authorities to pursue landlords of derelict buildingshouses similar to the powers which local authorities have to deal with derelict sites.
I propose to take Questions Nos. 16 and 22 together.
The purpose of the Derelict Sites Act, 1961, is to secure the clearance and improvement of derelict sites and to ensure that they are rendered non-derelict. Under the Act, local authorities are empowered to take action in relation to land or buildings if they are likely to become injurious to health or to the amenities of the neighbourhood, or are in a dilapidated or ruinous condition. The Act extends to derelict buildings and houses provided they are not being used as dwellings.
The provisions of the Act are particularly useful in dealing with small neglected sites in urban areas. Information is not available in my Department on the extent to which local authorities generally avail of their powers under the Act but indications are that its application is uneven throughout the country. I understand from Dublin Corporation that 56 sites were dealt with in each of the years 1984 and 1985, the corporation cleaning up 31, with the right to recover the cost from the owners, and the owners themselves carrying out the works on the remaining 81 sites.
I am satisfied that the Derelict Sites Act can be used effectively to deal with the problems for which it was intended. Apart from the land acquisition procedures which will be restated in a Bill to consolidate the law in relation to the acquisition, use and disposal of land by local authorities, I have no immediate proposals for the revision of the Act.
The Housing Act, 1966, gives power to housing authorities to deal with houses which they regard as unfit for human habitation but capable of being rendered fit at reasonable expense. In such circumstances, they are obliged under section 66 of the Act to serve a repairs notice requiring the owner to carry out such works as are necessary to make the house fit for human habitation. Non-compliance with a repairs notice is an offence under section 69 of the Act and under that section the Authority may themselves carry out the works specified in a repairs notice, the expenses being recovered under section 71. The 1966 Act also enables closing orders or demolition orders to be made.
Local authorities have powers to deal with dangerous buildings under section 3 of the Local Government (Sanitary Services) Act, 1964, by requiring the owners or occupiers to take measures to prevent the building from being dangerous by the carrying out of works specified by the local authority, including demolition, clearing and levelling. In a case of emergency, the local authority may carry out the works themselves and in either case the full costs of the works have to be met by the owner.
In the light of the various provisions to which I have referred, I consider that local authorities have sufficient power to deal with derelict sites, buildings and houses and I have no proposals to extend the law in relation to these matters.
Would the Minister not agree either that the powers are inadequate or, if they are adequate, that the local authorities are in many cases not effectively using them? In my own constituency in County Dublin there are dozens of abandoned sites left in an appalling condition and, despite pressures on the local authority, they seem quite incapable of dealing with them. Would the Minister not agree that much of this legislation is outdated and requires a much more vigorous approach to secure the reasonable maintenance of these sites before they are developed?
The local authorities have sufficient legislation but there are indications that the application of the various sections of these Acts is very uneven. The local authorities should examine the Acts and make them operate. Dublin Corporation dealt with 56 sites in each of the years 1984 and 1985. The corporation cleaned up 31 of those sites and the others were looked after by the owners. Where the owners did not take action the corporation acted. They secured co-operation in the case of 81 sites and they themselves had to clean only 31 sites. There is sufficient legislation to enable the local authorities to take action.
Many of these eyesore sites in the city and county are in the ownership of the local authority and in many cases the local authority are the worst offenders. Can the Minister give any indication as to whether the existing legislation is adequate to deal with that kind of situation and whether his Department have, or ought to have, any role in dealing with this matter?
The local authority have been accused of having derelict sites around the city——
——and the county.
——but they have now a committee within the local authority looking at derelict sites. The committee has been in operation for a few years and has in my view succeeded in doing a tremendous amount of work, which clearly indicates that, if the will is there on the part of elected members and officials of the local authority, something can be done. All this work has resulted from the elected members taking the matter into their own hands and pursuing it. The legislation is there and, where there is a will on the part of elected members and officials, the matter can be dealt with. This has been shown in the Dublin Corporation area where in excess of 112 sites have been dealt with.
I refer to a problem in County Dublin which probably affects other counties as well. Where an adjoining local authority own land within the boundaries of a local authority and they are responsible for derelict sites — this is creating a major problem for us in County Dublin — would the Minister not think the law needs to be revised?
If the member of a particular local authority organised a committee of the type organised by Dublin Corporation, action could be taken against the neighbouring local authority or any other person or persons. If each local authority is not prepared to do anything about it, unfortunately the derelict sites remain. If the elected members decide to get something done, it has been proved that something can be done.