John Ellis
Question:136 Mr. Ellis asked the Minister for Arts, Culture and the Gaeltacht with regard to his reply to Parliamentary Question No. 113 of 20 September 1995, if he will have the position clarified and payment made. [15914/95]
Written Answers. - Canal Water Rights.
The person referred to in the Deputy's question, party "A", has claimed compensation for loss of water rights in respect of property forming part of the towpath of the Shannon-Erne Waterway. I understand that the Commissioners of Public Works have already paid compensation to another party, party "B", in respect of this stretch of the canal bank. In establishing his entitlement to compensation in respect of this part of the canal bank, party "B", through his solicitor who is also acting for party "A" furnished an affidavit in which he stated, inter alia, that for the past 33 years and upwards he had been in sole and exclusive beneficial occupation and possession of the property and was not aware of any incumbrance affecting the property or part thereof.
The affidavit appears to be in clear conflict with the claim of party "A" to have a right of access over the property. The solicitor was requested by the Commissioners of Public Works, by letter dated 22 February 1995, to clarify by what title party "A" claimed to have had access to water from the canal.
Notwithstanding subsequent exchanges of letters on this matter, the solicitor has not yet produced any licence or other documents in support of the claim by party "A" to title or rights over the property. To date, the claim by party "A" for compensation for loss of access to water from the Shannon-Erne Waterway is based solely on an assertion by him that he has such access across land in respect of which party "B" has already claimed and been paid compensation. It was on this basis that I replied to Parliamentary Question No. 113 on 20 September 1995.
The advice of the Chief State Solicitor in relation to the various aspects of this case has now been sought and, on receipt of that advice, further contact will be made with the solicitor acting for the parties.