Dáil Éireann díospóireacht -
Tuesday, 10 Mar 1992

Vol. 417 No. 1

Written Answers. - Ballyconnell-Ballinamore Canal Development.

Andrew Boylan

Ceist:

132 Mr. Boylan asked the Minister for Finance if his attention has been drawn to the disquiet of the farmers and landowners living by the Ballyconnell-Ballinamore canal due to the manner in which they are being treated by the promoters of the canal development.

Minister of State at the Department of Finance (Mr. N. Treacy)

The restoration of the Ballinamore-Ballyconnell canal is being carried out under the powers conferred on the Commissioners of Public Works by the Shannon Navigation Act, 1990. The works are being undertaken by the Electricity Supply Board who were delegated the functions of the commissioners in relation thereto by order of the Minister for Finance made pursuant to section 5 (9) of the Act. The resolution of matters relating to the construction of the work is therefore a matter for the ESB and the landowners concerned.

The Commissioners of Public Works are engaged in the compulsory acquisition of lands acquired in connection with the development.

The compulsory purchase procedures prescribed in the Act have been followed in relation to three of the four sections into which the project has been divided and a number of claims for compensation in respect of the lands involved have been received from landowners concerned. These are being processed in accordance with the relevant provisions of the 1990 Act and other legislation pertinent to compulsory acquisition.

In assessing the compensation payable to any person the commissioners have regard to the market value of the land being acquired together with such other matters as severance, injurious affection and disturbance. Any benefit to a holding arising out of the development must also be taken into account. In this connection negotiations are ongoing with the various claimants, or their agents. I am aware that farmer representatives have expressed disquiet at the level of compensation being offered for the land being acquired. Indeed, I recently met a deputation from the Irish Farmers' Association to discuss this matter and further meetings between my officials and the IFA are taking place.

The Commissioners of Public Works are concerned to ensure that claims for compensation are dealt with in a fair and reasonable manner, in particular that realistic settlement offers are made and that matters are processed expeditiously.

If, notwithstanding the best efforts of the commissioners, claimants are dissatisified with either the amounts being offered or with the rate of progress of negotiations, it is open to them to have their cases referred to arbitration.

The provision for reference of cases to arbitration is available under the Shannon Navigation Act 1990 because of the concern to ensure that affected landowners would be dealt with fairly.