I am not against development but I welcome the construction of a national road network which is sensible and sensitive to those it affects. The network should deliver greater potential for national economic development. However, when purchasing land by compulsory purchase order for this we must be prepared to compensate farmers and landowners based on the market value relative to the price of development land. This land is being used for the greater good and Government policy should be biased towards those from whom we are taking the land. I therefore ask that the price of compulsory purchase orders be related to market value. Also, capital gains tax should be abolished in such cases or a system introduced to make this process fairer for all concerned.
The compulsory purchase order mechanism must be overhauled and made more user-friendly, with all costs being borne by the State through the local authority or the NRA. In this regard, the ICMSA statement and document, together with the separate IFA document, should be considered in a special forum in order to reach agreement between the Government and the farming organisations on this issue. I ask the Minister, as part of that learning process, to conduct a ministerial inquiry into the Norris case in Kilkenny. A man was forced to fight against the local county council and the NRA for his rights and those of his family. There is a need to establish the real facts in this case, to ensure that the man involved is adequately compensated and that a new home is provided for his family. It was an act of lunacy to build a wall within arm's length of his home and it is grossly unjust that his reasonable request to protect his livelihood and quality of life has not been granted. His case has been taken up by the Ombudsman in a special way. I understand the county council's report contains inaccuracies and misinformation. I have asked locally for this to be corrected and for the Minister for the Environment and Local Government to take a special interest in this case as there is a lot be learned. The case could be used as a model to develop better understanding at national level.
I cannot understand why this Parliament keeps the NRA at arm's length as it is a body that spends vast sums of money. I believe Members should be allowed to scrutinise the process of compulsory purchase and that processes of this nature should be generally subject to parliamentary scrutiny. The bypass of Johnstown and Urlingford, along the N9 across north Kilkenny, is a source of deep concern to local communities in counties Carlow and Kilkenny. Before we enter the process of compulsory purchase for the construction of the road, I ask that a protocol be put in place to ensure that communities, landowners and farmers in these areas can avail of a modern mechanism to reach a reasonable price. Accommodation should be reached in terms of what the local community might lose as a result of the construction of this road.
The compulsory order system should include a method of mediation prior to the purchase. Oral hearings, with no costs to farmers or land owners should be held. A modern compulsory purchase order system acknowledging bias towards the rights of farm and land owners should be put in place as a matter of urgency. The standard legal charges should also be examined to reduce the cost to the State and others of employing legal aid or a professional to prove the case of the land owner. There should be an ombudsman for compulsory purchase orders so that if systems fail there is at least another safeguarding mechanism to which farmers and land owners can appeal.
I have already mentioned the abolition of capital gains tax, which would be another method of compensating those involved. It should be remembered that the construction of roads under the National Development Plan will benefit not only local and regional economies but the national economy too. The farmers and land owners in question do not put their land up for sale and they do not want to go out of business or to give up their land. Consequently, I believe we should accommodate a new compulsory purchase order system forthwith before any more construction is undertaken on the N9.
