asked the Taoiseach whether he is aware that the present situation whereby several Departments bear varying degrees of responsibility in the matter of the maintenance of estuarine embankments causes much confusion; and, if so, whether he will take steps to have responsibility for this essential public service centralised in one particular Department.
Ceisteanna—Questions. Oral Answers. - Maintenance of Embankments.
Responsibility for the maintenance of estuarine embankments rests, generally, with the occupiers of the lands affected, who may be a private individual or concern or a local authority, and the only Departments of State which bear direct responsibility for the maintenance of such embankments are, first, the Department of Lands, in respect of the comparatively limited number of cases in which the Land Commission administer trust funds for the upkeep of the embankments, and, secondly, the Department of Industry and Commerce, in respect of two embankments which happen to be in the area now included in Shannon Airport.
One other Department has certain functions connected with estuarine embankments: the Minister for Local Government may, in certain circumstances, authorise a local authority, under the Local Authorities (Works) Act, 1949, to repair an embankment on behalf of another local authority which is unable or unwilling to execute the work, and he may make grants to local authorities in respect of the repair by them of embankments which were constructed by them or which they are required by law to maintain or the repair of which is in the public interest. The Department of Local Government has itself no direct responsibility for the maintenance of embankments.
The Arterial Drainage Act, 1945, contains a provision which empowers the transfer to the Commissioners of Public Works of embankments constructed for the protection of lands purchased under the Land Purchase Acts or the subject of proceedings under those Acts, but no such transfer of embankments to the Commissioners of Public Works has yet taken place.
There should be no difficulty in determining, in the case of any particular estuarine embankment, whether any Department of State has, in fact, any responsibility or function at all in the matter, and, if so, which of the Departments is concerned. Accordingly, I see no reason for taking the steps suggested by the Deputy.
Does the Taoiseach not consider that in cases where the local farmers are responsible for the maintenance of these embankments the job is far beyond their capacity as they cannot possibly undertake such expenditure?
That is quite a different matter.
In my constituency there is one farm completely inundated as a result.