The normal programme of housing and other public works has been maintained at a fair level during the past year, but in prevailing conditions the Government has deemed it necessary to secure wider powers for the carrying out of public works as may from time to time be deemed necessary for the relief of unemployment. The purpose of this Bill is therefore to remove as far as possible all difficulties which might prevent or delay the inception and carrying out of projects of permanent utility. Local authorities are aware of most of the needs of their localities, but before embarking on any large schemes of public works, it is essential that detailed surveys should as far as possible be made of their districts with a view to a selection of the most suitable to be carried out in the future. Several of the larger urban authorities have had planning surveys already made by experts and in these areas there will be a choice of works which can be carried out, if necessary, in advance of the making of planning schemes.
The planning surveys so far carried out would indicate that it is desirable to have extended powers for construction of road works which would be partly within a city and partly within the adjoining county. There is at present no legal way under which the making of a road which would serve both of these areas could be assigned to the body primarily interested. Such a power is considered desirable, apart from any need that may arise for undertaking essential works for the relief of unemployment. A local authority with extensive road and traffic interests should possess powers in relation to the reconstruction of main traffic arteries which constitute the approaches to its administrative area.
In Cork, Limerick and Waterford, as well as in Dublin, and, in fact, in other populous areas, there are many problems of circumscribed boundaries which might be rendered capable of easier solution if the local authority which is more directly concerned had extended powers for the carrying out of works outside their areas. This Bill will confer such powers. I trust it will also encourage the making of planning surveys. When there is a comprehensive survey made of an area, the future choice of works of public utility and amenity value would be greatly facilitated.
The provisions of the Bill will simplify the procedure for the acquisition of land necessary for the execution of public works which are undertaken for the purpose of providing employment. Sub-section (1) of Section 2 provides for the certification of works which are being undertaken wholly or partly for that purpose in a particular area, while sub-section (2) of the section will enable the Minister to act on his own initiative and after consultation with the local authority or local authorities concerned to certify that a particular work of public utility should be undertaken by the local authority designated by him for the purpose of providing employment. In this connection I am to refer to the provisions of Section 4 of the Bill regarding the transfer of powers in relation to the construction and maintenance of roads from the local authority in whose area a certified work is situate to a local authority designated as the executing authority. There will also be consultation between the Minister and the local authorities concerned before any such transfer is authorised.
The provisions of Section 4 are necessary where the road work is situate partly in one administrative area and partly in another such area, and it is desirable that the entire work should be carried out by the same local authority.
Section 3 provides that it shall be the duty of the executing authority to undertake and complete a work which is certified to be undertaken for the relief of unemployment with all reasonable speed. Sub-section (2) of that section provides a remedy in case of any wilful default. The powers taken are similar to those provided for in Section 72 (2) (b) of the Local Government Act, 1925, under which a local authority may be dissolved without holding a local inquiry if it neglects to comply with any lawful order, direction, or regulation of the Minister.
Section 5 of the Bill regulates the making of contributions by a local authority to the cost of a certified work which would facilitate the development of the area of the local authority and render less costly the performance of its functions. If there is no agreement between the authority executing the work and the benefiting authority, the Minister may by order determine the amount of the contribution. Sub-section (3) of that section is intended to cover costs other than the costs of construction, such as the annual charges for the maintenance of the certified work.
Section 6 is concerned with borrowing for certified works. It will enable a local authority which has exercised borrowing powers by the creation and issue of stock, and such stock is due for redemption within a period not exceeding five years, to enter into agreements with the holders of the stock to exchange their holdings for an amount of new stock equal in nominal value but not necessarily bearing the same rate of interest. The basis of exchange is one for arrangement between the local authority and the holders of such stock. The Urban Stock (Amendment) Regulations, 1928, regulate the borrowing from redemption funds on certain conditions, the main condition being that the amount withdrawn would be repaid to the redemption fund within the unexpired portion of the period fixed for the redemption of the stock. But the powers conferred by these regulations would not meet the case of an exchange of stock in the manner proposed in the Bill, or authorise the application of moneys in the Redemption Fund for the financing of certified works. The section in the Bill will validate an exchange of stock which the Corporation of Dublin have at present under consideration.
Section 7 of the Bill will have a limited effect. It is intended to meet the conditions at present existing in portion of the County Borough of Dublin adjoining the County Health District of Dublin and the Urban District of Howth. A new sewerage system for portion of these districts is necessary. Instead of setting up a joint board by provisional order to be confirmed by the Oireachtas, the Minister, in pursuance of the section, can make an order forming an united district, and then the provisions of the Public Health Acts will apply. The formation of a joint board to manage the united district will be postponed, and there will be conferred on the corporation as executing authority all the powers of the joint board in relation to the execution of works necessary for the drainage of the entire area, and for the apportionment of expenses as between the city and the present Urban District of Howth which will ultimately form part of the County Borough of Dublin. When that takes place the arrangements for the creation of an united district will cease. It may be mentioned that the drainage of this area will facilitate also the drainage of the Baldoyle and Portmarnock district of the County Health District of Dublin.
Section 8 to 15 introduce a new, simple and speedy manner of acquiring land by vesting order, without conveyance, for the registration of title thereto, and the payment of compensation for the land so acquired. The local authority will be able to take possession of the land with the minimum of delay, and every person to whom compensation is payable will receive interest on the amount of compensation during the period between vesting the land in the local authority and the fixing of compensation by arbitration, save where a local authority makes an unconditional written offer of compensation which is not accepted, and the compensation fixed at arbitration is not greater than the offer. In such a case it is proposed that the interest on the compensation should not be payable during any period after the date of the offer.
It is expected that under this Bill local authorities will carry out projects which are likely to be provided for in future planning schemes. If these projects are allowed to wait until planning schemes are in force the persons who would benefit from their execution would become liable under the planning schemes for the payment of betterment to the local authority. It seems only reasonable that this liability should not cease because of the necessity of carrying out these projects in advance of planning schemes. Section 16 of the Bill accordingly provides for the collection of betterment from owners of property which has increased in value by the execution of such works.
There are certain modifications of the Public Health Act, 1878, proposed in Section 19. They mainly consist of shortening the time for giving public notices in relation to the carrying out of certain public health works. The reduction is from three months to one month, which is considered reasonable in emergency conditions. The other sections of the Bill do not require any comment, as they are common to most Bills regulating the procedure governing the acquisition of land for public purposes.