asked the Minister for Lands the reason for the delay in developing the bog (Record No. L.C. 2567) on the Dillon Estate, County Mayo; and if he will give details of the legal difficulties alleged to be the cause of the delay.
Ceisteanna—Questions. Oral Answers. - Development of Mayo Bog.
36.
I would refer the Deputy to my reply to his previous Question of 6th June last. The outstanding difficulty concerns the question of legal liability for maintenance of the proposed development works. This aspect is receiving active consideration and I am hopeful that it may soon be possible to commence development of the bog.
Could the Minister explain why the maintenance of roads and drains to this bog forms a legal difficulty when no such similar case to my knowledge exists in any other part of the country?
This is a most unusual case and has arisen on only a few occasions. The Land Commission are the owners of this property which was purchased under the 1903 Act and all the rights, including turbary rights, were vested in something like 57 dominant tenants and three servient tenants. The result is when the Land Commission in a case like this go in and do any work they may find themselves liable for damage arising from any work they may do, including cattle falling into drains or people being injured. There is no cure for that, in my view, except amending legislation. Similar cases have arisen before, and were raised at the Public Accounts Committee, in which the Land Commission were decreed. Recently, some undertakings have been received from some of the people involved and I hope to get over the matter in that way.
I can scarcely accept what the Minister says. Perhaps a technical difficulty does exist but surely no similar cases have occurred?
A very similar case came to the notice of the Deputy, during his term of office, in County Roscommon and it was raised at the Committee of Public Accounts.