asked the Minister for Local Government if he will state briefly the powers of rate collectors in regard to entering property and seizing goods in respect of arrears of rates without recourse to the courts.
Ceisteanna — Questions. Oral Answers. - Powers of Rate Collectors.
46.
I would refer the Deputy to section 59 of the Local Government Act, 1941.
Does the Minister agree that the powers given to rate collectors in regard to entering private property are in contravention of the Constitution which guarantees private property to be inalienable except by due processes of the courts?
I do not accept that the operation of section 59 of the Local Government Act, 1941, would be unconstitutional.
Does the Minister say that the rate collectors have the right to enter private property for the purpose of seizing goods without having recourse to the courts?
Yes, provided they comply with the regulations.
They can enter private property without going near the courts?
Yes, they can.
Does not the Constitution say that the rights of private property are inalienable and that private property cannot be entered without recourse to the courts?
The question relates to the powers of rate collectors in regard to entering private property. It does not ask whether this is constitutional or not. I have given my opinion that it is not in contravention of the Constitution. If the Deputy thinks it is, he has his remedy.