Section 6 deals with joint ventures.
SECTION 6.
Question proposed: "That section 6 stand part of the Bill."
There is no provision in the existing legislation whereby the Commissioners of Public Works may make agreements with third parties — such as landowners, groups of landowners, local authorities or others — to undertake works to be funded by such third parties or by them and the Commissioners. Section 6 is aimed at providing a clear legal basis to enable the Commissioners, in certain circumstances, to enter into agreements with others whereby they, as beneficiaries, would bear all or part of the cost of executing or maintaining arterial drainage works in the future.
They may, therefore, combine with Bord na Móna, Coillte Teoranta or any such bodies?
Or a local landowner or local authority.
Who maintains it?
What are the special circumstances?
An example would be where a private individual, a local authority or another body wished to have drainage work carried out by the Commissioners. While the Commissioners might consider the works to be worthwhile they may not, for example, be in a position to undertake them due to lack of funds, or they might not be such a high priority in their programme. The works could proceed, if the shortfall in funding was met from other sources either with cash or in kind, for example, through contributions to scheme design. This provision should benefit those in areas with a lower priority rating.
This section should be read in conjunction with section 43 of the principal Act, which empowers the Commissioners of Public Works to enter agreements with others for the preparation or execution of works. There would be a variety of possible situations.
Do they do the planning?
There could be a variety of arrangements.
Who does the maintenance?
The Office of Public Works in all cases.
I raised in Second Stage the relationship that might exist between the Office of Public Works under this section and some of the existing drainage boards. There are a number of statutory drainage boards throughout the country and I am a member of one. What role does the Minister envisage for them?
The drainage board to which I belong is always short of funds. Every year we carry out certain clearance and other maintenance works on a major catchment, i.e. the River Suck — a major part of the Shannon catchment. However, to improve flows and so on, more expensive works — rock brae, cutting etc. — would need to be done. Can the Minister explain a practice manifestation of co-operation between a drainage board like that and the Office of Public Works under this section?
The drainage boards would remain in the same situation as they are at present. If, on the other hand, the Office of Public Works undertook some work in the area over which a drainage board had control, the part of the work done by Office of Public Works would be maintained by it. There may be situations where a drainage board and Office of Public Works may operate and that is provided for in the Bill.
Is that possible?
Yes.
In other words, the drainage board could be the Minister's agent. For instance, if the Minister felt it necessary to undertake a certain amount of relief work on a stretch of river where a drainage board had been operating for a number of years on maintenance and he felt the board had the expertise and the wherewithal to do it, the Minister would allow them to do it and compensate, fund or part-fund them.
We might undertake the work jointly with them.
Question put and agreed to.
Sections 7 and 8 agreed to.