asked the Minister for Finance if compensation is paid to individual persons who have suffered loss or damage due to road cratering or firing of arms in areas adjacent to the Border; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Border Damage Compensation.
10.
Save for any right of action which might arise under the malicious injuries code and, in certain circumstances and in a limited type of case, under section 60 of the Civil Liability Act, 1961, there is no legislation in force whereby compensation is paid to individual persons who have suffered loss or damage due to road cratering or firing of arms in areas adjacent to the Border.
Is it not fair to say that during the last war the Emergency Powers Act provided local councils with power to carry out temporary repairs for people whose property had been damaged by explosions, and do not similar circumstances prevail today? Does the Minister not think the same power could be given to the local authorities to carry out repairs to property seriously damaged?
It might be possible. I have given the Deputy the position as it is at the moment.
Will the Minister say whether the Government have been in communication with the British Government regarding compensation and if a demand has been made for compensation on the British Government?
That is a separate question.
Does the Minister's reply not conflict with a recent statement by the Minister for Local Government in which he advised local authorities in Border areas to claim damages against the Stormont regime? If local authorities can claim, surely individuals can claim.
The question relates to individuals. The statement by the Minister for Local Government to which the Deputy referred relates to local authorities.
Why should it apply to local authorities and not to individuals?
I cannot interpret the law.
We are talking about compensation for people whose property has been damaged by the British.
Is the Minister aware that serious damage has been caused to property belonging to people in this State and does he not agree it is a poor state of affairs if they have to wait until the legal procedure is completed in order to recoup their losses? If we cannot protect those people we have at least a duty to repair their property.
I have indicated to the Deputy that that might be possible.