Dáil Éireann debate -
Tuesday, 3 Mar 1992

Vol. 416 No. 6

Written Answers. - Compensation to Landowners.

Gerry Reynolds

Question:

66 Mr. G. Reynolds asked the Minister for Finance if his attention has been drawn to the unrealistic amount of compensation that the Office of Public Works are offering to farmers for land along the Ballinamore/Ballyconnell canal; if he will agree to have a realistic market price given to the farmers in the area for compensation; and if he will make a statement on the matter.

Minister of State at the Department of Finance (Mr. N. Treacy)

The restoration of the Ballinamore/Ballyconnell Canal is being carried out under the powers conferred by the Shannon Navigation Act, 1990. The works are being undertaken by the Electricity Supply Board who were delegated the functions of the commissioners in relation thereto by order of the Minister for Finance made pursuant to section 5 (9) of the Act. The resolution of matters relating to the construction of the work is therefore a matter for the ESB and the landowners concerned.

There are two elements of compensation to landowners, one relates to interference during construction work and this is being paid by the ESB. The other relates to compensation for land compulsorily acquired.

The Commissioners of Public Works are engaged in the compulsory acquisition of lands required in connection with the development.

The compulsory purchase procedures prescribed in the Act have been followed in relation to three of the four sections into which the project has been divided and a number of claims for compensation in respect of the lands involved have been received from landowners concerned. These are being processed in accordance with the relevant provisions of the 1990 Act and other legislation pertinent to compulsory acquisition.

In assessing the compensation payable to any person the Commissioners have regard to the market value of the land being acquired together with such other matters as severance, injurious affection and disturbance. Any benefit to a holding arising out of the development must also be taken into account. In this connection negotiations are ongoing with the various claimants, or their agents. I am aware that farmer representatives have expressed disquiet at the level of compensation being offered for the land being acquired. Indeed I have agreed to a request for a meeting to discuss the matter and I expect to meet with them later this week.

I am assured by the Commissioners of Public Works in Ireland that in dealing with the claims from landowners for compensation they are very concerned to ensure that the claimants are dealt with in a fair and reasonable manner, in particular that realistic settlement offers are made and that matters are processed expeditiously.

In the opinion of the commissioners many of the claims which have been submitted on behalf of the landowners are totally unrealistic and this is contributing to the difficulty of reaching settlement. The commissioners have had difficulty getting a breakdown of the amounts claimed but it would appear from the information that is available that there are large amounts included in them for elements which the commissioners do not consider to be justified. The Deputies will be conscious that compensation payments have to be met from taxpayers' money and that the commissioners cannot settle cases at levels which they genuinely believe to be excessive.

There are real and substantial differences of opinion between the claimants and the commissioners on aspects of the claims. I hope these differences can be resolved in discussion between the two sides and I assure the Deputy that the commissioners will spare no effort in trying to reach agreement.

If, notwithstanding the best efforts of the commissioners, claimants are dissatisfied with either the amounts being offered or with the rate of progress of negotiations, it is open to them to have their cases referred to arbitration. The provision for reference of cases to arbitration is available under the Shannon Navigation Act, 1990, because of the concern to ensure that affected landowners would be dealt with fairly.