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Dáil Éireann debate -
Monday, 26 Mar 1923

Vol. 2 No. 45

DAMAGE TO PROPERTY (COMPENSATION) BILL, 1923.—FIFTH STAGE.

Before I formally move the Fifth Stage of this Bill, I would like to make a very short statement as to certain representations, made quite recently for the careful consideration of the Ministry, concerning certain persons who have claims for compensation, and in respect of whom it was difficult, if not impossible, for them to have made their cases known. Amongst those are some who feel it would not be safe for them to return to the vicinity in which the property they were interested in was destroyed, and after examination, which it has not been possible to give to this matter up to this, if it is made clear that such persons would suffer serious injustice or hardship, it may be necessary to introduce a Bill amending, to some extent, the provisions of this Bill in so far as such persons would be concerned; but it is to be understood that the general principles embodied in this Bill must govern compensation, and that in assuming, as we have, not alone enormous liability, but much greater liabilities than is shouldered by local authorities, we have done so on a certain definite basis, and that although valuable property has been destroyed, it was property which, to a large extent, was out of date, and not marketable to any material extent, if at all. One of the main considerations before the Government in this matter of compensation is the necessity of taking definite action immediately, and of relieving the vast majority of sufferers with the least possible delay. That is, perhaps, the main reason why it is too late at this moment to enter into instances of persons whose cases might have been, perhaps, the subject of particular consideration during the discussions on the Bill. With that statement, I move: "That the Bill do now pass."

There are some verbal amendments which it is necessary to have made. The first is in Section 1, to delete the word "the" in Sub-section (2) ["in respect of an injury to which the Section applies"] and to insert in lieu thereof the word "this."

I second.

Agreed.

In Section 13, Sub-section (9), to insert the word "the" immediately after the words "paid into" ["moneys paid into County Court under"].

Agreed.

In Section 13, Sub-section (12), to delete the word "to" ["party who incurred same, or to any cost which"].

Agreed.

In Section 14, Sub-section (3), to insert immediately after the figures "1923" ["on the first day of April, 1923, shall be deemed to have been"] the words "and which would have been lawful if this Act had been passed at the time such steps were taken."

Agreed.

Section 17, Sub-section (1), marginal note, to amend the marginal note by inserting the word "legal" after the word "no" and before the word "proceedings." ["No proceedings to be taken in respect of injuries to the person"].

Before this amendment is put I should like to ask if the Ministry is satisfied that a marginal note is part of an Act of Parliament. My impression is that it is not. If we introduce here the practice of amending marginal notes, these marginal notes will be referred to by the Courts as being part of the legislation to which they are entitled to look for the purpose of interpreting the clause of the Act itself. Now, my belief is that marginal notes are not part of the legislation at all, and if I am correct in that I think the Government are quite entitled—I mean the draughtsman—to put in anything he likes into the marginal note, which is merely a reference and which is not part of the legislation; but if we once begin here amending marginal notes then I think we do make them part of the legislation, and I think that is a dangerous innovation. I suggest that the Minister should withdraw this amendment, and that by his own motion should put in this word "legal" in the place in which it ought to be. As I say, marginal notes are merely to facilitate those who want to refer to an Act of Parliament, and to find the section for which they are looking. I do not think they are part of the legislation itself.

That raises a general question which I did not anticipate at the moment, but the word "legal" is certainly necessary there.

I quite agree, and I do not intend to embarrass the Minister in any way by raising any general question at all. If we could do this without prejudice, but not to make it a precedent, I do not object to it, but I do suggest to the Ministry that this precedent, if we make it to-day, ought not to be treated as one to be followed in the future.

There is another aspect of the situation. Supposing a section is amended and no steps are taken to amend the marginal note, and we find on reading the Bill afterwards that the marginal note requires amendment, and that it must be amended, and that it is essential to the Bill, no change can be made in the marginal note by us or by the draughtsman if the change has not been made in the Dáil.

May I suggest that the amendment be withdrawn and the matter looked into between now and the time that this Bill goes to the Seanad? Then if it is thought desirable the change can be made there. I fear very much the introduction of an innovation in this Bill into our legislation, because if the marginal note is amended or dealt with here in the Dáil it becomes part of the legislation, and a thing to which Judges are entitled to look in interpreting the Statute itself.

Inasmuch as none of these marginal notes have been put to the Dáil and accepted as such, is there anything to prevent the Minister for Finance introducing the word "legal" as required without consulting the Dáil at all, because we never had this marginal note before us?

I will take a note of what Deputies have said with regard to marginal notes generally. I take it it is not necessary to press the amendment, but the word "legal" must go in.

We agree. Amendment, by leave, withdrawn.

I beg to move, in Section 17, Sub-section (6) to insert immediately after the words "not apply" ["this section shall not apply or prevent"] the word "to."

Amendment agreed to.

I beg to move that the Bill be now passed.

I beg to second.

Question put and agreed to.
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