Dáil Éireann debate -
Tuesday, 23 Jan 1996

Vol. 460 No. 3

Written Answers. - Financial Relief for Flooding.

Noel Treacy

Question:

108 Mr. N. Treacy asked the Minister for Finance the reason for the delay in making financial offers to flood victims throughout the country in 1995; the objections, if any, to these offers being made; the basis on which these objections were made; the action, if any, that has been taken; the reason for the delay in concluding this business; and if he will make a statement on the matter. [19244/95]

Minister of State at the Department of Finance (Mr. Coveney)

The Commissioners of Public Works who have been assigned responsibility for administering the Government's Humanitarian Aid; Home Relocation Scheme for the victims of flooding in 1995, sought legal advice from the Chief State Solicitor's Office on 1 November 1995 on the terms of the proposed Home Relocation Scheme, which has been devised and developed in consultation with interested groups representing the flooded victims. Having investigated the matter, the preliminary opinion received orally from the Chief State Solicitor's Office raised queries regarding the powers of the Commissioners to implement the scheme, indicating that it would be necessary to have the matter clarified by reference to the Attorney General, who immediately nominated an eminent Senior Counsel to advise on the matter. Counsel's opinion, dated 29 November 1995 confirmed that the Commissioners did not have the requisite powers to implement the Home Relocation Scheme and recommended that this should be rectified by means of legislation. The advice was received by the Attorney General on Thursday 30 November and it was conveyed to the Commissioners on the same date.

The Commissioners were further advised in relation to the matter by the Attorney General on Friday 1 December. An urgent meeting was convened for 4 December 1995 between representatives of the Office of Public Works, the Chief State Solicitor's Office and the Attorney General's Office at which the decision was taken to immediately draft legislation to deal with the Office of Public Works power to implement this scheme, and with certain other perceived problems in the powers of the Office of Public Works. That legislation was ready in a matter of days. The Commissioners of Public Works (Functions and Powers) Bill, 1995 was introduced into Seanad Éireann on 19 December 1995 and passed by the Seanad on Wednesday 20 December 1995. It is expected to be brought before the Dáil in the coming days. Hence, it can be seen that with the action taken to draft remedial legislation, which was presented to Seanad Éireann with quite exemplary speed, there were no undue delays in dealing with this problem.

With the exception of the legal questions regarding the commissioners' powers to implement the scheme, which unfortunately delayed matters, there are no official objections to the terms of the Home Relocation Scheme, as drafted.

The reason for the delay in making offers to the flood victims is that the Commissioners of Public Works do not have power at present to implement the scheme. As soon as the necessary legislation is on the Statute Book the Commissioners of Public Works will be able to implement the proposed scheme and make offers to the effected house-holders. I have in the meantime written to all of the applicants for relocation and given them details of the proposed scheme for their information. I have also provided details of the scheme to the South Galway IFA and the South Galway Flooded Victims Action Group.