(Cavan): asked the Minister for Local Government if he is aware that certain schemes under the Local Government (Roads and Drainage) Act, 1968 are being held up because in some cases one solitary resident on a lane refuses to consent to the work being done; and if he will take steps to empower the local authorities to proceed with the work on giving notice to the person concerned, reserving the right to the said person to appeal to the District Court in a summary manner; or if he will take some other steps to prevent the obstruction complained of.
Ceisteanna—Questions. Oral Answers. - Road and Drainage Schemes.
79.
I am not so aware. To empower county councils to proceed with a scheme under the Local Government (Roads and Drainage) Act, 1968, where a landholder whose lands or interests are likely to be affected refuses his consent would require further legislation. I am not satisfied that there would be adequate justification for seeking leave to introduce such legislation.
(Cavan): Is the Minister not aware that when a number of people live in the same boreen or lane and when one of them —and this happens in many cases— for some unworthy reason refuses consent to the work being done, the scheme simply cannot proceed? Is the Minister aware of that for a start?
I am fully aware of it.
(Cavan): And that it happens frequently?
I have no evidence that it happens frequently.
(Cavan): Has the Minister evidence that it happened?
Once. The Deputy asked me had I evidence. The Department has evidence in one case only but from personal experience I know it happens now and again.
(Cavan): I suggest to the Minister that he should send a query to each county council asking them if they are having trouble and, if he finds that they are, as I am convinced he will, I suggest he should amend the law because I regret to say that out of nothing but cussedness and an effort to obstruct their neighbours and make life less bearable for them —for these unworthy reasons—people are refusing to give consent and obstructing these schemes. I would ask the Minister to look into this as a matter of national importance.
In this type of situation which is brought about, as the Deputy has admitted, through bad feeling between neighbours legislation, I feel, would only accentuate the animosity. I do not see how it would help the situation.
(Cavan): If the Minister sat back and accepted that argument in regard to roads we would never have roads and we could not get any place. These are minor roads. They are mini-roads and they are just as important to the people living on them as the trunk roads and arterial highways are to people in a Mercedes.
This scheme is dependent on contributions from the land-holders whose land adjoins the road in respect of which an application is being made for a repair grant. It is not entirely the same as using compulsory purchase powers to acquire property to widen an arterial or main road.
(Cavan): I should like the Minister to know that I am perfectly serious about this and I feel very strongly about it. I suggest that the Minister should take it up seriously and make inquiries about it and I am satisfied that, if he does, he will come to the conclusion that my request is reasonable.
I am very well aware that it is very frustrating for the other persons involved in the scheme when one man holds the whole thing up. It is a very difficult situation to deal with by legislation.
(Cavan): I suggest that there is a perfectly simple solution.