Seanad Éireann díospóireacht -
Thursday, 7 Dec 1989

Vol. 123 No. 11

Local Government Provisional Order Confirmation Bill, 1989: Second and Subsequent Stages.

Question proposed: "That the Bill be now read a Second Time."

Minister for the Environment (Mr. Flynn)

The purpose of the Bill is to give effect to the Borough of Clonmel (Alteration of Boundary) Provisional Order, 1989, which I made on 24 November last. The order provides for the extension of the Borough of Clonmel so as to take in an area of Tipperary South Riding comprising 1,537 acres approximately with a population of 3,058 based on the 1986 census. The order is provisional only and is of no effect until confirmed by an Act of the Oireachtas; hence this Bill to confirm the order which is set out in the Schedule to the Bill.

The procedure for the alteration of borough boundaries is governed by the Local Government (Application of Enactments) Order, 1899 and the Local Government Ireland Act, 1898. Under the relevant provisions Clonmel Corporation made representation to the Minister to extend the boundary. As required by law a local inquiry was held by the Minister at which both Clonmel Corporation and Tipperary South Riding County Council were represented and all other interested parties were afforded an opportunity to express their views on the proposal. The proposed extension has been agreed between both local authorities. Having considered the report and recommendation of the inspector who held the inquiry, and the agreement between both authorities, I decided to approve the extension without modification and, accordingly, made the necessary provisional order.

It is hoped to have the present legislation enacted before the Christmas recess so that the boundary extension will come into force as from 1 January 1990 to coincide, for obvious administrative, accounting and practical reasons, with the start of the financial year and thereby to avoid inconvenience to all affected by the boundary change.

The order which forms the Schedule to the Bill contains a number of provisions which are consequential on the extension. These are along the usual lines for boundary alteration and provide for the preparation of official maps of the extended borough area; the continuation in effect of bye-laws, resolutions and orders in relation to the transferred area; consequential adjustment of county electoral areas, polling districts and the continuation in office of borough councillors; adjustment of property, rights and liabilities and continuation of the development plan.

Clonmel has a long history in local government terms. From 1371 A.D. to 1608 A.D. Clonmel was governed by a "Sovereign", which office was established at the behest of the Duke of Ormond. The Mayoralty was established by Royal Charter of 1608 A.D. and the Mayoral Roll is unbroken from that time to the present with the exception of the period 1650 to 1656 when it was under a Military Governor after the town's eventual surrender to Cromwell.

Clonmel held its status as a municipal borough with the passing of the Municipal Corporation (Ireland) Act, 1840. Under that Act, Clonmel retained its corporate status with the title of the corporate body changing from the Mayor, free burgesses and commonalty of the Town of Clonmel to its present title of the Mayor, Aldermen and burgesses of Clonmel. The Borough Council has a membership of 12 including the Mayor and four Aldermen.

The boundaries of the Borough of Clonmel were last extended by the Clonmel Corporation Act, 1895 which in effect altered the county boundary of Waterford and Tipperary to bring that part of the Borough in County Waterford within the South Riding of Tipperary. It will be apparent, therefore, that it is about 95 years since the boundary was last altered. The current boundary extension, as well as taking in development that has overspilled the old boundary, will ensure that sufficient development land will be available to the borough for some time to come to cater for future expansion. The Clonmel development plan, which was prepared jointly by both authorities, already includes the area proposed for transfer.

I commend the Bill to the House and I would like to ask for the co-operation of Senators in ensuring that it will have a speedy passing so that the boundary extension can become effective on 1 January 1990.

Mr. Naughten

I welcome the Bill and I hope it will get a speedy passage through the Seanad. I can assure the Minister that as far as myself and my party are concerned, we will certainly co-operate in that endeavour. These boundary changes, which were first proposed as far back as 1981 at a joint meeting of officials from Clonmel Urban District Council and Tipperary South Riding, and which were later adopted by Clonmel Urban District Council in 1984 should get a speedy passage through this House.

The purpose of the Bill is to confirm the Borough of Clonmel (Alteration of Boundaries) (Provisional order), 1989. It arises from representation by Clonmel Corporation to extend the borough boundary and was made following the holding of a public inquiry. The order to be confirmed provides for the extension of the boundary of the Borough of Clonmel to include an area in Tipperary South Riding. The order is expected to come into operation on 1 January 1990. I certainly hope it will.

We can appreciate the need for this order. In a town growing as fast as Clonmel additional lands both for housing and industry are urgently required. I note also that a number of recent housing schemes in Clonmel had to be built in the county area. I can appreciate the difficulty this provides for the urban area of Clonmel with the corporation. It is understandable that they would want to extend their boundaries. The physical needs of the town dictate that. Therefore, I think it is only fair and proper that we should try to facilitate the corporation and give a speedy passage to this Bill.

The Clonmel Development Plan of 1982, which incorporates the municipal borough and its environs, was drawn up jointly by Tipperary South Riding and Clonmel Corporation. It aimed at establishing reasonable location for altered boundaries. Following the development plan, detailed consideration was being given to the proposals by both the county council and the corporation, and a line has been agreed. When one is talking about this order, one must reflect on other areas throughout the country which would benefit from an extension of the urban boundaries. Of course, one can appreciate that in an area such as Clonmel it is extending within its own county. Other areas, which need additional development lands, are forced very often to extend into other counties. This, naturally, creates major problems from both the county council's and the urban boundaries point of view. At the present time, there are 900 houses outside the urban boundary in Clonmel with a population of 3,500. All of this area is covered by Clonmel drainage and water sewerage schemes. It was only reasonable that it should be brought within the urban boundary. The Minister stated that it was 95 years since there was a change in the boundary. It is time that it was reviewed and extended. I welcome the Bill before the House.

Mr. S. Byrne

I would like to welcome this Bill to the House and also to thank the Minister for the Environment for the interest he has in this problem and the speed with which he dealt with it. I live approximately 15 miles from Clonmel. It is a very prosperous town and even though it would be encroaching slightly on my own electoral area I gladly support the Bill because it is for the common good of the people of Clonmel and district.

The population of Clonmel at present is about 11,730. When the borough is extended, the population will be about 15,380. That is an additional 3,580 people to the borough. It is hoped to extend the borough area by 1,537 statute acres. In my humble opinion, the extension of the boundary will take in the natural hinterland of Clonmel. I believe it will be a great advantage for the further industrial development of Clonmel and also to streamline the services provided by Clonmel Corporation such as the water and sewerage and public lighting. It is a step in the right direction.

I am very interested in the statement by the Minister in connection with the history of Clonmel. Cromwell had a difficult job in trying to break the will of the people or break down walls there. From there on the people of Clonmel are expanding. I would like to thank the Clonmel Corporation, the Town Clerk and the County Manager, Séamus Hayes, for their interest in helping to bring the Bill to this stage. They have done a good day's work. It is something that the people of Clonmel and South Tipperary will benefit from in the years ahead. I again thank the Minister. When everything is in order, we will welcome him down to Clonmel if there is any official opening to be made.

Minister for the Environment (Mr. Flynn)

I would just like to thank the Senators who have contributed for their very constructive contribution on the Bill and indeed, for their great co-operation in expediting the passage of the Bill through the House so that it can take effect from 1 January next. I would like to say, in support of Senator Naughten and Senator Byrne, that of course it will have great benefits for the corporation of Clonmel. Over and above that, one has to appreciate the co-operation that existed between the two local authorities involved — Tipperary South Riding and Clonmel. That kind of co-operation leads to expediting matters of this kind. My thanks to all concerned. I hope it will be to the mutual benefit of both authorities.

Question put and agreed to.

Agreed to take remaining Stages today.

Bill put through Committee, reported without amendment, received for final consideration and passed.