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Dáil Éireann díospóireacht -
Wednesday, 27 Feb 1935

Vol. 55 No. 1

Adjournment Debate. - River Suck Drainage.

I regret that the replies I received from the Parliamentary Secretary to the Minister for Finance to-day lacked not only the information that I felt I was entitled to as a Deputy, but were so far short of the ordinary courtesy which we feel we are entitled to, that I have been obliged to ask the indulgence of the Chair and the House in an endeavour to get information out of the Parliamentary Secretary, which is essential for the County Councils of Roscommon and Galway.

It is necessary that I should relate, briefly, the facts in connection with the River Suck. The maintenance works were in the hands of the River Suck Drainage Board previous to 1926. Those drainage boards were, I understand, set up under some special Act of Parliament and the Board of Works had no authority over them. No Government department had. In the year 1926 representations were made to the Board of Works that not alone was the River Suck Drainage Board neglecting its duty by failing to do necessary work on the river and its tributaries, but that it was charging the people living along the banks of the river with a drainage rate. As a result of the representations made, the Board of Works ousted this drainage board and proceeded to restore the works on the River Suck at a cost of £16,000 or £18,000. The drainage ratepayers were not acquainted of this at all, but notification was sent to the County Councils of Roscommon and Galway that such restoration work was about to take place, although at the time these Councils had no responsibility whatever with regard to this river.

According to their charging order, the Board of Works spent £18,825 5s. 3d. on restoration work on the River Suck and its tributaries. Thirty per cent. of that was to be a free grant, the remainder to be paid by the ratepayers on the River Suck. I am not able to give the correct date as to when the work was completed by the Board of Works, but I think it was about the end of 1927 or early in 1928.

It was started, however, in 1926 or in 1927. When the Board of Works, as they understood, finished their job, they quit. Neither the Board of Works nor the River Suck Drainage Board took any responsibility for the future maintenance of the river. That position continued from 1929 to 1933. Then the Board of Works woke up. The first thing they did, before issuing the charging order and making out the schedule, was to decide that of this sum of £18,000 which they had spent on the river £13,179 15s. 9d. was to be payable by the ratepayers. They charged interest, calculated over a number of years, on this sum of £13,000 odd, against the ratepaying community on the River Suck. The interest charge amounted to £4,508 9s. 2d., and this was added to the £13,179 odd. So that instead of charging the people living on the banks of the River Suck with the payment of the sum of £13,000 odd, they have been charged with the payment of practically £18,000. According to the charging order, the exact figure is £17,688 4s. 1d., an increase of over 34 per cent. upon this ratepaying community, for which I hold they have no responsibility whatever, and for which no work has been done.

As regards the County Councils of Roscommon and Galway, they endeavoured to get this matter settled up. They had no responsibility whatever for the payment of this sum of money but they were informed that a charging order was made out and that the care of the works would be turned over to them by the Board of Works. On two occasions deputations were appointed to attend at the Board of Works in Dublin to endeavour to settle up outstanding matters with relation to the River Suck, the outstanding matters being that, originally, there was a drainage board which had responsibility, which had assets and liabilities, the liabilities exceeding the assets. The question for consideration was: If the Board of Works hand this river and its maintenance over to the county councils, who is going to be made responsible for the liabilities of the old drainage board? The Parliamentary Secretary to the Minister for Finance has taken up the attitude all along that that was the county councils' job —that, to use his own words, "it was our funeral." It was never our funeral until he made it our funeral, nor was it ever our job.

I maintain that it is the business of the Government to straighten this thing out before they hand it over to the county councils. Why should we be made the scapegoats in this, considering that we had no responsibility in the matter? As I have said, we endeavoured as far as we possibly could to get the matter settled up. We came up on two occasions to the Board of Works. Certain proposals were put up but agreement could not be reached. The first proposal was that a contribution should be made by the county councils concerned. The Parliamentary Secretary promised that if they made a certain contribution he was prepared to approach the Government to have its contribution increased from 30 per cent. to 40 per cent. We failed to get that through at either county council. Another proposal was put up by the Parliamentary Secretary to the effect that his Department would take over and discharge all the liabilities of the old drainage board, provided the two county councils put into operation the schedule and charging order which the Board of Works was about to make out. We were not informed at that time that the schedule and charging order would include this sum of £4,500 odd, which was never spent there but which represented interest that had accrued during the period when nothing was being done on the river by anybody, and when the Board of Works had neglected to prepare its schedule and charging order. In response to that proposal, which, as I have said, was put up by the Parliamentary Secretary, the case made by the county councils was this: That over a period of years preceding 1926—from 1919 to 1926—the River Suck and its tributaries had got into a condition in which the Board of Works had felt compelled to spend £18,000 on restoration works, while from 1927 to 1933—a period of six years—the river and its tributaries were again neglected. Nobody bothered their heads about it. It was not the county council's business to do anything in connection with it during that period. It was nobody's business.

Therefore, the county councils naturally and, I hold, justly demanded that the Board of Works should put the river and its tributaries in order before it asked them to take them over. It took £18,000 to restore the works in 1927 or 1928, and it would take practically a like amount to again restore the works in 1933 due to the six years neglect that I have just referred to. The attitude of the Parliamentary Secretary was that the county councils must take the works over and be responsible for their future maintenance. The position that we found ourselves in was that the river had been neglected, flooding was occurring and various complaints were being made. In view of all that the County Council of Roscommon has a very big responsibility in the matter because two-thirds of the charge is falling on our county. We have quite a lot of ratepayers living there. We find it very difficult to collect the ordinary rates and now we are being asked by the Department of Finance to put on a new rate—not alone a rate to bring in 70 per cent. of what they spent on the work but to increase that by 34 per cent. for interest. In addition to that, we are to put on a maintenance rate and restore the river to what it ought to be. How the county council could meet that demand, I do not know. We did not find agreement on either of the occasions on which we came to the Board of Works to discuss the matter. We were quite prepared to put the charging order into operation, provided the river was put into condition for us. But why we should be asked to take over responsibility for everybody's neglect is more than we can understand. On the 28th of April of last year, after both proposals had been turned down —one was that we should make a contribution and the other was that the Department of Finance, or the Board of Works, should accept responsibility for discharging all the liabilities of the old Drainage Board—and when we thought that negotiations were still proceeding, we were informed that we would now have to take over the river. The terms of the letter were:

"The proposal made by the Parliamentary Secretary to the representatives of the County Councils of Galway and Roscommon at the Conference held on the 14th October, 1933, is set out in our letter of 16th October, 1933, to the Council."

That was the proposal that they take over the responsibilities of the old Drainage Board.

"This proposal has not been accepted by the councils and must, therefore, be regarded as having lapsed and is withdrawn."

There was no solution arrived at but we got the charging order and the schedule setting out the charges on the people, which involved a sum of 34 per cent. in excess of that originally proposed. Roscommon County Council refused to comply and it is for the Minister for Local Government or somebody else to abolish the county council if he likes. The county council refused to take over the River Suck or accept the charging order, which is an order under seal. We are still in that position and will be until this question is settled. The council passed a resolution drawing the attention of the Board of Works to the matter and asking to have a further conference. On the 9th October, 1934, a letter was received, by way of reply to that resolution, from the Board of Works, as follows:—

"We beg to state that, as pointed out in our letter dated 25th July last, it is desirable, before suggesting a time and place for the proposed conference, that we should have an opportunity of considering the joint proposals of the Galway County Council and your council in connection with the outstanding matters requiring adjustment. We must request, therefore, that your council will co-operate with the Galway County Council in that matter and furnish a statement of the specific proposals which the joint deputation will submit for consideration. On receipt of this statement we will suggest alternative dates for the reception of the joint conference.

That was sent on the 9th October last. The Roscommon County Council got into communication with Galway County Council. Deputations were appointed by both councils. These deputations met and considered the question on the 26th October, 1934. The representatives of Roscommon County Council were: Donal O'Rourke (chairman), J.F. Ansbro, and Matt Davis—all tried and true Fianna Fáil people. Galway Council was represented by Deputy Mark Killilea, John Cunningham, and Peter Colleran. A report of that meeting, held at Ballygar on 26th October, was sent to the Department of Finance or Board of Works on 29th October. Only three days after I put down my question last week was there a reply to that communication. The River Suck is still flooding and the whole business has left a very bad taste in our mouths. The way in which the Board of Works has dealt with our suggestions and correspondence and treated our deputations is symbolic of the truculence with which the Parliamentary Secretary endeavoured to answer me to-day.

When I put those questions to-day I was genuinely interested in getting information for my county council. The question was before the county council yesterday but we could not decide with regard to the striking of a rate. We do not know where we are and the rates are accumulating against these poor people—rates that have been increased by the Board of Works by 34½ per cent. When I asked the Parliamentary Secretary to the Minister for Finance if penal interest to the amount of £4,000 was being charged against these people, his reply was that no penal interest was being charged. I asked him if interest to that amount was being charged and he refused to answer. I hope he will give us the information now and that he will go further and explain what he proposes to do. Both county councils have met at various times and endeavoured to find a solution of the matter. It is not good enough for any Government Department to say that a 1924 or 1925 Act gives them the right to do this and that the local people have got to bear the burden. Not alone do they say that but they say that interest must be borne by these people to the amount of £4,500 in respect of the money advanced. There is absolutely no justification whatever for that charge because that interest accrued not through the negligence of anybody on our side but through the negligence of the Department of Finance or the Board of Works.

There is an old saying that in a woman's letter the only thing that matters is the postscript. All the talk of the Deputy led up to this: (1) that there is a law which they have refused to obey and (2) that that is a law which was passed by Cumann na nGaedheal—"a rotten law," according to them. He goes on to the assertion that the cause of all the trouble was the neglect of the Department of Finance or the Board of Works under Cumann na nGaedheal—a rotten Government, a rotten law, and a rotten administration. That is the Deputy's whole case in relation to the Suck. His whole case is that we have come in and, among other things, have taken over from them the Suck. There are quite a few others in which precisely the same allegations are made. It is not for me to deny them.

Might I ask, Sir, if I have endeavoured to make Party capital out of this? I have charged a Government Department, irrespective of who did it or who did not do it.

Only that the Act was passed in 1924. Only that it was due to the neglect of a Department. There is nothing discourteous about that any more than there was anything lacking, either in courtesy or frankness, in accusing the Board of Works of a grossly illegal act and in the attempt illegally to extract money. The Deputy's question was to ask the Minister for Finance—so on and so on—if it includes a sum of £4,508 penal interest; and the Deputy said that, although he had had the charging order in his hands and although he professed to know what he was talking about. There is all the difference in the world between punishment and being asked to pay a legal debt.

May I ask——

The Deputy talked for quite long enough. If he had sat down without saying the last sentence, he would have been a lucky man. Penal interest can only be charged in relation to instalments which are in arrear, and no money has been charged with that, and the Deputy ought to know it. If the Deputy knew what he was talking about, he must have known that in putting down that question he was putting down an insinuation intended to create a prejudice for which there was no warrant whatever.

Are you charging the interest?

There is no penal interest.

Does it matter to the men who have to pay whether it is penal interest or not?

Does it matter whether the Deputy tells the truth or not?

Balderdash!

Yes, balderdash—I agree —as much dirt as ever the Deputy could throw. But the people who were responsible for anything that was wrong on the River Suck were his own Government and the administration under his own Government, if anything was wrong, and that is what he has brought up.

Is that fair, Sir?

Had you nothing to say about it between 1927 and 1932?

I had no desire to make any Party capital out of it at all —none whatever.

Oh, no! All we were doing was administering "a rotten Act." Who passed it? I say that anything that was wrong with the River Such, if there was anything wrong, was due to the Cumann na nGaedheal Government, its Act and administration.

Possibly. I have got no political capital out of it at all.

Is that your admission— that anything that was wrong was due to them?

That is your way out.

Can the Deputy point to anything that we have done except show a consideration for Deputy Brennan which he did not deserve?

In what way?

I will show you. We were ready to issue a charging order. The Board of Works, as a continuing entity, was ready to issue the charging order on the 13th of July, 1932. Any neglect was before that date. But we did not issue it. Why? We did not issue it because we were asked not to. Any neglect before 1932 belongs to the Cumann na nGaedheal Government. Any delay after that was at the request of the Roscommon County Council. Any interest which accumulated before 1932, through neglect or otherwise, was the responsibility of the Cumann na nGaedheal Government.

Of the Board of Works.

Any interest which accumulated afterwards accumulated at the request of the Roscommon County Council. Those are the facts.

That is a great way out for your Department.

Those are the facts. Now we take the next thing. Are they being charged in the form of interest anyway? Now, I have a good deal of sympathy with the two county councils engaged in this matter, but we are certainly not being met by Deputy Brennan nor being helped out of the difficulty which was made by his Government. Assume for a moment that we had been in a position to obey the law and hand over the drainage district immediately it was finished. Then, the Roscommon County Council and the other County Council would have come immediately under the obligation of paying in the form of annuities all that has now accumulated in the way of interest. In other words, what the Roscommon County Council is complaining of is that instead of paying its annuities they have kept owing them to us. That is the fact.

Nonsense.

Further, as to the discourtesy with which I was supposed to have treated the Deputy. Instead of repeating his question and saying, "Yes," I said that the answer is in the affirmative. I said that in both cases and I referred him to a previous question in which I promised to give an answer to a conference of the county councils. Now the Deputy says that they wrote us a letter and that we never acknowledged that letter. I do not know where he heard that story.

From the official file in the Roscommon County Office.

I am not concerned with that. We got a letter on the 29th and we acknowledged that on the 31st.

If so, it is coming yet.

An acknowledgment was sent. There is not any doubt about it. The Deputy must remember that these things are recorded. We know that it went out, and it did go out. The Deputy should look it up, and I am sure that he will find that it is so.

Will the Parliamentary Secretary tell us what was in that acknowledgment? Did it suggest the holding of the conference?

If, as the Deputy says, we never sent an acknowledgment, it cannot have anything in it.

You say it was sent.

I am concerned with the Deputy as a witness. He said that it was not acknowledged. I say that it was.

If it was sent, I want your views on it.

I have here the letter we sent to you previously. You see, we are bound to carry out the law and when these people did not make any agreement there was nothing else to be done. It must be remembered that there are two county councils, Galway and Roscommon. The Galway County Council has paid two half-yearly instalments.

How do their payments compare with those of Roscommon?

They have paid two half-yearly instalments.

How do they compare?

The Deputy was not interrupted in his speech, and he must allow the Parliamentary Secretary to proceed.

Not by a word was the Deputy interrupted. We were waiting for the postscript, and we got it. We were able to come to no agreement with the county council, which was influenced by Deputy Brennan.

Your people have a majority there now.

Yes, but the fact remains that we were not able to come to an agreement whether we had a majority or not.

They are not under my influence now.

No, but because they are in the unfortunate position of having inherited the law and the administration of a Cumann na nGaedheal Government and the consequences of it.

A good way out of it for you.

I do not think that it is either desirable or courteous to state to the House what we may say to a conference of the county councils—the two high contracting parties which are competent—nor do I think it would be in the interest of either of the county councils for me to state now what we are trying to do in the matter. I do frankly recognise that those two counties did inherit from the Cumann na nGaedheal Government and its administration a difficult position, and I have done all that can be done to try to find a way of helping them. I am prepared to continue to do so and I am prepared to tell the conference of the two county councils, when we meet them, as I hope, at an early date, what that solution, as far as we can make it, is. All I can say at the moment, however, is that there is not one penny of interest being charged up that is not laid down absolutely as imperative on us by the law of Cumann na nGaedheal. There is not a single thing wrong in connection with the administration of the Suck at the moment that is not a heritage of the Cumann na nGaedheal Administration.

The House adjourned at 11 p.m. until 3 p.m., Thursday, 28th February, 1935.

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