asked the Minister for Local Government and Public Health if he is aware of the compulsory acquisition of turbary, the property of Mr. James Woods, Derries, Mountmellick, County Offaly, on the Sands estate, Garrymore, by the county manager, who did not consult or notify Mr. Woods verbally or otherwise; whether a county manager has power to acquire an individual's turbary without having served notice on such person; and if he proposes to issue any special instructions in this matter.
Ceisteanna—Questions. Oral Answers. - Compulsory Acquisition of Turbary.
I should perhaps preface my reply to this question by reminding the Deputy that the turbary in question forms part of the bog which on the 9th May he was pressing to have taken over by the county council for development, and the compulsory acquisition to which he now refers arose from the necessity for providing turbary for the townspeople of Mountmellick. It was because Mr. Woods, the owner, refused to agree with the residents that the bog should be made available that resort had to be made to compulsory powers. In view of the necessity for increased fuel production the compulsory acquisition of the turbary by the county council became a matter of urgency.
Where a county council require turbary they are empowered to proceed under Emergency Powers (No. 310) Order, 1944. In acquiring turbary compulsorily the council make an order vesting the land in them on a specified date not earlier than seven days after the date on which they make the order. The council are required to give notice of the making of the order to the persons who appear to the council to have any interest in the land to which the order relates, so far as it is reasonably practicable to ascertain those persons. In the case referred to the notice of a vesting being made was sent to Mr. James Woods, Garrymore, Geashill, by registered letter on the 9th May, 1944. The address was obtained from the rate book, which showed Mr. Woods as the rated occupier of the bog. The letter was returned undelivered. I understand that it has since been ascertained that Mr. Woods resides at Barranaghs (or Borness), Mountmellick, and that a further notice is being sent to him at that address.
Might I ask whether it is the usual procedure to acquire a person's rights compulsorily before serving notice of the intention to acquire the rights? I am afraid that the Minister has been misinformed in this case. I understand that at no time did Mr. Woods agree to this thing. He offered turbary, which was suitable, in a different area, which the county manager did not accept. In view of these circumstances, I think that the Minister would be well advised to have further inquiries made into this matter.
I think that the people down there have different views on the question.
Might I ask the Minister whether it is right to go in and acquire turbary which the owner requires for his own purposes, or that that acquisition should take place without consultation with the owner?
The Minister does not authorise anything, but the Emergency Powers Order, that was made with the acquiescence of the House, gives power to the county manager on behalf of his county council to acquire turf banks so as to enable fuel to be provided for people in the area concerned.
Does the Minister not agree that if a farmer is utilising his own turbary in the most effective way, and operating at a cheaper rate than the county council could ever hope to do, the county manager, before acquiring such turbary, should consult the owner?
I have nothing further to add to my answer to the question, except to say that the reason for making this vesting Order was that the owner in this case refused to agree with the residents that the bog should be made available. That is why recourse had to be made to compulsory Orders.
I am asking whether or not the owner should be consulted.
That is a different question.
Does the Minister not admit that no communication was sent to Mr. Woods beforehand?
No. He was communicated with by registered post, as I have said, and the communication was addressed to him at the address obtained from the rate book, and was returned as undelivered.
Well, then, I again say that he knew nothing about it.