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Dáil Éireann - Volume 40 - 19 November, 1931

Ceisteanna—Questions. Oral Answers. - Laoighis County Council and its Surveyor.

Mr. Davin asked the Minister for Local Government and Public Health whether he has received details of a number of cases where the county surveyor to the Laoighis County Council declined to carry out orders made at the last Road Works meeting of the council in connection with the maintenance of certain roads by direct labour and subsequently let said roads by contract without previous consultation with the council, and without inviting tenders in the prescribed manner; whether he is aware that the county council, without insisting on an explanation from the county surveyor, refused to demand a sworn inquiry into the roads administration of the Laoighis County Council; whether he has made any inquiries into the complaints submitted to his Department; and what action, if any, he proposes to take in the matter.

Minister for Local Government and Public Health (General Mulcahy): Complaints of the nature mentioned in the Question have been the subject of correspondence between the Deputy and my Department. At the Deputy's request the complaints were laid before the Laoighis County Council who passed a resolution stating that they were of opinion that the matters referred to were entirely questions of administration in the hands of the county surveyor as chief engineer of the council and responsible for carrying out the road schemes.

Mr. Davin: Does the Minister agree with the resolution of the county council which was carried by a majority of one, the chairman not voting, on the motion for a sworn inquiry?

General Mulcahy: I do.

[1762] Mr. Davin: Does the Minister contend that any county surveyor can ignore the road policy of a county council as decided by such council at a statutory meeting summoned for the purpose, and will he give a definite assurance that there will be no repetition of such action in this county in the future?

General Mulcahy: I do not understand the Deputy's question.

Mr. Davin: Does the Minister agree that the county surveyor can ignore the road policy of the county council as decided by the council at a statutory meeting called for that purpose?

General Mulcahy: I agree with no such thing.

Mr. Davin: Has the Minister inquired into the cases as supplied to his Department on the 9th September last and if so, what action does he propose to take arising out of such inquiries?

General Mulcahy: I propose to take no action.

Mr. Davin: In view of the unsatisfactory answer given by the Minister I give notice that I propose to raise this matter on the Motion for the Adjournment.

General Mulcahy: I hope the Deputy will make some attempt to show on the Motion for the Adjournment that the county surveyor is ignoring the road policy of the county council, because I have no evidence to that effect.

Mr. Davin: Is it not a fact that detailed cases were submitted to the Minister's Department on the 9th September giving evidence that such was the case and also stating that if a sworn inquiry was agreed to the names and all particulars would be furnished to any inspector appointed to conduct any such inquiry?

General Mulcahy: I do not agree that there was any evidence submitted to my Department to show that the county surveyor is ignoring the road policy of the county council.

[1763] Mr. Brennan: If the county surveyor did ignore the road policy of the county council would it not be the business of the county council rather than the Minister to deal with it?

General Mulcahy: I would suggest that to the county council.

Mr. Davin: Is it in order for the county surveyor, without submitting the cases back for the reconsideration of the council, to let road maintenance work by contract when the annual roads meeting had decided that such roads should be maintained by direct labour?

General Mulcahy: A county council can decide that certain of its roads shall be dealt with by contract. If the county council decided that certain of its roads shall be dealt by contract then, it is for the county surveyor to deal with the rest and the county surveyor can deal with them either by direct labour or, in particular cases, he may enter into contracts himself just the same as he enters into contracts for procuring his material.

Mr. Davin: If the county council decided at a statutory meeting that four or five roads shall be maintained by direct labour has the county surveyor a right to ignore it and to let out such roads by contract without the sanction of the Minister?

General Mulcahy: The county council has said nothing about that.

Mr. Davin: I shall raise the matter on the Adjournment.

General Mulcahy: The Deputy wants me to interfere with the County Council of Laoighis in the administration of its own work.

Mr. Davin: I want the Minister to safeguard the interests of the ratepayers here and to see that their wishes will be respected in so far as the decisions of the statutory meetings of the council are concerned.

An Ceann Comhairle: Are we going to deal on the Adjournment with the action of a particular county surveyor in regard to his own county council?

[1764] Mr. Davin: I am dealing with the action of the council and the Minister's refusal to see that the orders made at a statutory meeting of the council are carried out and that the regulations made by the Minister's Department are respected by the county surveyor when acting for the county council.

General Mulcahy: The Deputy is going to ask that because he has asked for a sworn inquiry which the county council by a majority have decided that they do not want, that something should be done to make the Deputy's will operate rather than the county council's will.

Mr. Davin: No.

An Ceann Comhairle: I will accept the notice, but the principle is quite clear and it is necessary that it should be kept clear with regard to the affairs of local bodies. We cannot discuss here matters which should be discussed by the local bodies. We are only concerned here with the Minister's responsibilities and not with the responsibilities of the county council. I would not allow to be discussed here business which is really the county council's.

Mr. Davin: The question I propose to raise is the failure of the Minister to take action in respect of the irregular procedure adopted by the county surveyor in this case.

Mr. Aiken: The principle the Minister has been acting on is that he can interfere any time he wishes.

General Mulcahy: Any time his judgment dictates, certainly.

Mr. Davin: What about the regulations?

An Ceann Comhairle: The question is the failure of the Minister to take certain action with regard to the county council.

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