I move that the Committee agree with the Seanad in amendment No. 1:
Section 1: In line 23, "of a county" deleted.
Committee on Finance. - Coast Protection Bill, 1962: From the Seanad.
The Dáil went into Committee to consider amendments from the Seanad.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 2:
Section 2: In subsection (2) (a), page 2, line 41, and page 3, line 1, "nature and probable causes" deleted and "location and extent" substituted.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 3:
Section 2: In subsection (3) the following paragraphs added:
"(b) Where—
(i) the council of a county have considered a report submitted under subsection (2) of this section and have decided not to make a declaration under this subsection, and
(ii) the proposals are for coast protection works wholly within an urban district.
the council shall send the report to the council of the urban district.
(c) Where a report is sent under paragraph (b) of this subsection to the council of an urban district, the council, if satisfied that land within the urban district is being progressively damaged by the continuing encroachment of the sea, as distinct from occasional or abnormal storms, and that the encroachment is liable to endanger the safety of a harbour, the buildings or amenities of a residential area or other valuable property, may, with the consent of the Minister for Local Government and subject to the council of a county having undertaken to make such contribution to the balance referred to in paragraph (b) of section 16 of this Act as that Minister has approved of, declare that the promotion of a coast protection scheme is expedient and that the Commissioners should be asked to carry out a preliminary examination."
I think the Parliamentary Secretary will agree that urban councils dependent on county councils sometimes disagree so much that they disagree on everything.
If an urban council operate on the coast and the county council offices are inland and the people on the coast require a subvention from the county council in order to qualify them for the Departmental grant of 80 per cent, it might often mean that the urban council would be unable to get that grant. I think the Parliamentary Secretary will agree that this Act should state that the urban council will be in a position to apply directly to the Minister for Finance for coast protection work grants.
I mention this with Tramore in mind particularly. Tramore is a very large urban area but it is administered by town commissioners. If the county council in Dungarvan were not prepared to strike a rate to raise money for coast protection at Tramore, then the work could not be done. I am, therefore, asking the Parliamentary Secretary to insert in this section not merely urban authorities but town commissioners as well. The area of greater Tramore is paying more than £30,000 a year——
Is the Deputy dealing with the amendment as it came from the Seanad or is he trying to introduce new matter?
I am dealing with the amendment as it came from the Seanad.
What he is saying does not seem to be relevant to the amendment.
I would remind the Parliamentary Secretary that this is a matter dealt with in the Seanad by himself. The amendment provides for works carried out "within the urban district".
If the Deputy could relate it to something in the amendment.
I am suggesting to the Parliamentary Secretary that he provides not only for urban district authorities but for town commissioners as well.
Surely town commissioners would be directly responsible to the local authority?
Amendment No. 3 agreed?
May I have an opportunity of replying to Deputy Lynch? His point is that the Seanad introduced an amendment, which I accepted and which had been raised here by both sides of the House, whereby an urban district council could take certain steps if they failed to reach agreement in certain respects with the county council. The Deputy now suggests that town commissioners, who are not in fact urban councils, should not be left out in the cold. I appreciate the position and can only say that if at any time an eventuality arises which could be remedied by a simple amendment, that amendment will be considered. It is hard to know where to stop in this matter. We have already extended the power to urban district councils and the point now raised by Deputy T. Lynch has not already been mentioned. I would have to investigate the situation in regard to town commissioners and the only undertaking I could give now is to say that should such a position arise, I would be willing to look at it in a favourable light.
I am sure there would not be great difficulty about this because in the Bill itself provision is made for the Board of Works to meet private individuals.
What I am trying to prevent is discussion on a matter which is not in the amendment.
I know, Sir, but I have been sent here by the people of Waterford and Tramore——
To discuss relevant matter.
This is very relevant to us.
It may be, but this is an amendment sent down from the Seanad and some other Deputy may want to discuss something else which is not in it and we could have all the Deputies each wanting to discuss something which is not in it. The Parliamentary Secretary has said he is prepared to consider it at some relevant time. I cannot allow further discussion on this because it is not relevant.
I believe the Parliamentary Secretary will do everything necessary.
The Parliamentary Secretary cannot do a darn thing about it because he has not the authority.
For what?
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 4:
Section 9: In subsection (4), line 54, "registered" inserted before "post".
We can take amendments Nos. 4 and 8 together. Both provide for the insertion of the word "registered" before the word "post" in Sections 9 and 10.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 5:
Section 10: Before subsection (6) the following inserted:
"(6) (a) Where an order under this section confirms a coast protection scheme with alterations (by way of variation, addition or omission), the order shall have no effect if, within one month after the receipt of a copy of the order, the promoting authority declare that the scheme is not to be proceeded with.
(b) The making of a declaration under this subsection shall be a reserved function."
This amendment and amendments Nos. 6, 7 and 13 are consequential and can be dealt with together.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 6:
Section 10: In subsection (6), line 38, "one month" deleted and "two months" substituted.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 7:
Section 10: In subsection (6), line 40, ",unless they have made a declaration under subsection (6) of this section," inserted before "shall".
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 8:
Section 10: In subsection (7), line 2, "registered" inserted before "post".
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 9:
Section 17: In subsection (1) (a), line 48, "in case the promoting authority is the council of a county," inserted before "the corporation".
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 10:
Section 17: In subsection (1), page 12, the following paragraph inserted before paragraph (b):
"(b) in case the promoting authority is the council of an urban district, any council of a county shall contribute such amount as they may, with the consent of the Minister for Local Government, have agreed upon with the promoting authority,".
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 11:
Section 17: In subsection (2), page 12, line 19, "or (c)" deleted and ", (c) or (d)" substituted.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 12:
Section 18 : The following subsections added:
"(4) The following provisions shall have effect in relation to the issue under this section of a certificate of completion:
(a) the Minister for Finance shall cause to be published in Iris Oifigiúil, and in one or more newspapers circulating in the county of the promoting authority and any other county the council of which named the promoting authority pursuant to this Act, a notice stating that the Minister for Finance proposes to issue the certificate and that any person may, within two months after the date of the publication of the notice in Iris Oifigiúil, send to the Minister for Finance an objection to the issue of the certificate;
(b) simultaneously with or as soon as may be after the publication of the notice in Iris Oifigiúil, the Minister for Finance shall send to the promoting authority and any other council which named the promoting authority a copy of the notice;
(c) the council to whom a copy of the notice has been so sent or any other person may, within two months after the date of the publication of the notice in Iris Oifigiúil, send to the Minister for Finance an objection in writing stating that such council or person objects to the issue of the certificate and the grounds of the objection;
(d) the Minister for Finance shall consider any objection sent as aforesaid and shall take such steps in regard thereto as he thinks proper;
(e) the certificate shall not be issued less than two months after the date of the publication of the notice in Iris Oifigiúil.
(5) The power conferred by paragraph (c) of subsection (4) of this section shall, in the case of a local authority, be a reserved function."
Section 18 of the Bill provides that the Minister shall issue a certificate of completion for a scheme when the Commissioners are satisfied the works have been completed. Senators feared that a promoting authority might not agree with the Commissioners that the works were in fact completed and yet they could do nothing to contest the Commissioners' views. This will give to the promoting authority an opportunity of putting their case to the Minister before the issue of a certificate. The Minister can consider the objection and take such steps in regard thereto as he thinks proper. Under the Arterial Drainage Act, 1945, the issue of certificates of completion is subject to a procedure which is on similar lines and which has been found satisfactory in operation.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 13:
Section 26 : In subsection (2), line 8, "or subsection (6)" inserted before "of section 10".
Question put and agreed to.
Amendments reported and agreed to.
Ordered: That Seanad Éireann be notified accordingly.