asked the Minister for Finance if he will seek powers, in cases where at least 50 per cent. of the people concerned are agreeable to repairs to roads being carried out, to compel the dissentient persons to engage in such work, particularly in cases where the entrance to roads is affected by such objection.
Ceisteanna—Questions. Oral Answers. - Road Repairs.
It is not proposed to seek the powers suggested in the Deputy's question.
Arising out of the Parliamentary Secretary's reply, I should like to point out that in a good many areas, particularly in the case of culs-de-sac, we find that some of the people affected object to repairs being carried out to the roads. That is very unfair to the others who wish to have the repairs carried out. At least where there are 50 per cent. or more of the people concerned willing to carry out the repairs, I would ask the Parliamentary Secretary to seek the powers necessary in order to facilitate them. I would ask the Parliamentary Secretary to reconsider the question.
I am not clear as to what type of scheme the Deputy has in mind.
I have two case in mind where applications have been made to have work carried out under the rural improvement scheme. One of these cases is in connection with a boreen leading into seven farms. The two farmers at the entrance to the boreen object to the work being carried out inasmuch as the work entails the widening of the entrance and the removal of a small portion of wall. They are not willing to have that wall removed or to have the boreen widened, and, therefore, the work cannot be considered by the Board of Works. Unless compulsory powers are taken to have the portion of wall removed, the road repairs cannot be undertaken.
In that case the objector could not be compelled to contribute.
How is it that if a road is declared to be a public road under the county council, the county surveyor can come and do as he wishes?
Does the Deputy suggest that under the rural improvement scheme not only should power be taken to compel an objector to allow the work to proceed, but that he should be compelled to contribute to the cost of the work?
In the cases I have in mind I believe if the people who object were exempt from contributing the others would be quite satisfied if the objection could be overcome.
The number of cases in which objections are raised would not represent more than about 3 per cent. of the entire schemes carried out by my office. This matter has been examined over a period of years and because of the few objections that have been raised it was not considered desirable to seek the powers to which the Deputy refers. I can see no reason for changing that view.
In one particular case I have in mind, seven farmers are concerned and unless they get the consent of one of the people at the entrance to allow a machine to go through a haggard, they cannot get their threshing done. I think that is a very bad state of affairs.
If we are to confer compulsory powers on the Parliamentary Secretary to take down a neighbour's wall, are we to stop there or are we to seek compulsory powers to enable the Parliamentary Secretary to take down the gable of my house if my neighbours want a road up to their house?
I want to say that my own prejudices were in favour of seeking the powers now recommended by Deputy Heskin, but on examination I found that the objection was raised so seldom that one could hardly justify seeking such drastic powers to deal with so few cases.