asked the Minister for Local Government and Public Health whether he has examined the legal powers of county councils to compel owners of property to connect the houses which they own with local sewerage schemes, and whether he is now in a position to indicate the legal position in this connection.
Ceisteanna—Questions. Oral Answers. - Sewerage Schemes.
The powers to require owners of property to connect houses with local sewerage schemes are contained in the Public Health Acts. The principal power of a sanitary authority to enforce connection of houses with the public sewerage system is contained in Section 25 of the Public Health (Ireland) Act, 1878. That power can be exercised only where the house is without a drain sufficient for effectual drainage and there is a sewer within 100 feet of the house. The procedure to be followed in requiring the owner of a house to connect with the public sewerage system is by service of notice by the sanitary authority on the owner or occupier of the house. If the notice is not complied with the sanitary authority may, after the expiration of the time specified in the notice, do the work required and may recover the cost from the owner. When the Deputy asked a similar question in October last, he referred to the results of the efforts of the County Kildare Board of Health to compel property owners to connect with the public sewerage system. In that instance, the sanitary authority endeavoured to compel the owner of the premises to substitute water closet for privy accommodation. The sanitary authority relied on Sections 110 to 112 of the Public Health (Ireland) Act, 1878, with a view to proving that the existing privies constituted a nuisance instead of proceeding under Section 45 of the Act of 1878. Section 45 empowers a sanitary authority, where a house in their district appears to be without sufficient water closet, earth closet or privy accommodation, to require by written notice the owner or occupier of the house within a reasonable time to be specified in such notice to provide sufficient water closet, earth closet or privy accommodation. The sanitary authority are the sole judges of the sufficiency or insufficiency of the sanitary accommodation on the premises; subject only to the owner's right to appeal to the Minister for Local Government and Public Health, under Section 68 of the Act of 1878. It is understood that the sanitary authority in the case referred to were advised as to proper sections of the Act of 1878 to proceed under, but did not resume proceedings.