Dáil Éireann debate -
Tuesday, 6 May 1924

Vol. 7 No. 2

MESSAGE FROM SEANAD. - RAILWAY AND CANAL (COMPENSATION) COMMISSION ORDER, 1924.

MINISTER for LANDS and AGRICULTURE (Mr. Hogan)

I wish to propose the following motion:—

"That the Dáil hereby approves of the Railway and Canal (Compensation) Commission Order, 1924, made on the twenty-third day of April, 1924, by the Executive Council, under Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and laid before this Dáil on the 6th day of May, 1924."

As will be seen by the resolution, the Order which I am asking the Dáil to approve was laid on the Table to-day. I thought that the Dáil had that Order last week. The operative clauses of the Order are Clauses 4, 5 and 6. Clause 4 reads as follows:—"A Board of Commissioners, to be called and known as ‘The Railway and Canal (Compensation) Commission,' is hereby established to exercise in Saorstát Eireann all the functions which were on the 6th day of December, 1921, exerciseable in the area now comprised in Saorstát Eireann by the Railway and Canal Commission under Section 8 of the Defence of the Realm (Acquisition of Land) Act, 1916." That is to say, that a new body known as the Railway and Canal (Compensation) Commission is to exercise the functions of the existing body, the Railway and Canal Commission. The functions of that body came under Section 8 of the Defence of the Realm (Acquisition of Land) Act, 1916. That was for the purpose of enabling the Department of Agriculture to acquire land compulsorily for the purpose of increased tillage. Under Section 8 the Railway and Canal Commission was the body to decide what compensation the owners of the acquired land were to get. Under the Adaptation of Enactments Act, the Executive Council is empowered to substitute a body for any body that exercised these functions previous to the 6th December, 1921, and by this Order, they substitute the Railway and Canal (Compensation) Commission for the purpose of deciding what compensation is to be paid to owners whose land has been taken compulsorily under the Act of 1916 and which land has already been restored to the owners.

Section 5 reads:—"The Railway and Canal (Compensation) Commission shall consist of a Chairman and two ordinary members, all of whom shall be appointed by the Executive Council." That speaks for itself. Section 6 states:—"All the jurisdictions, powers and duties which on the 6th day of December, 1921, were conferred or imposed by Section 8 of the Defence of the Realm (Acquisition of Land) Act, 1916, on the Railway and Canal Commission, are hereby conferred and imposed on the Railway and Canal (Compensation) Commission." Section 7 states:—"(1) Section 8 of the Defence of the Realm (Acquisition of Land Act), 1916, shall be construed and take effect as if the Railway and Canal (Compensation) Commission were therein substituted for the Railway and Canal Commission. (2) Every mention or reference contained in any British Statute of or to the Railway and Canal Commission in relation to the jurisdiction, powers and duties conferred or imposed on that Commission by Section 8 of the Defence of the Realm (Acquisition of Land) Act, 1916, but no further or otherwise, shall be construed and take effect as a mention of or reference to the Railway and Canal (Compensation) Commission."

Mr. O'HIGGINS

I second the motion.

Mr. JOHNSON

I would like to ask the Minister if he is prepared to consider his statement as being a First Reading statement. This motion was placed in our hands this morning. The draft was circulated; but without the explanation that the Minister has now given, some of us were not able to understand it. Having had that explanation and hoping to be able to read it when it is circulated in the Report of the day's proceedings, I would suggest that we should be in a better position to understand the import of it and to discuss this motion if it were taken, say, the day after the Report is circulated—towards the end of the week. It may be very important—I do not know—but if we pass this motion now we are tied, and I think it is reasonable to suggest that we should have time to consider the motion, having heard his explanation, because it is in the nature of legislation.

Mr. HEWAT

Do I understand from the Minister that this is a new body to be set up in the first place, to be appointed by a selection committee, and are its operations confined to the question of compensation for lands that were taken possession of, or has it any other functions to perform?

Mr. HOGAN

With regard to Deputy Johnson's point, as far as I am concerned I see no objection, and if Deputies are in that frame of mind that they wish to consider this more carefully—it is an important matter—I see no objection to adjourning it to the next convenient day, Friday.

AN CEANN COMHAIRLE

The Official Report will be in the hands of Deputies by Thursday.

Mr. HOGAN

With regard to the point raised by Deputy Hewat, this is really not a new body. It is a body to exercise the functions which were exercised before the 6th December, 1921, that is before the signing of the Treaty, by another body called the Railway and Canal Commission. The Railway and Canal Commission, I think, exercised functions not only in Ireland, but in England, and obviously after the Treaty it was necessary to constitute a new body which would exercise these functions as far as Ireland was concerned. In that sense it is not a new body. The personnel is new, but the functions are the same. The Defence of the Realm (Acquisition of Land) Act, 1916, contemplated that a body of commissioners would be set up to exercise the various functions under the Act. For instance, the 1916 Act only contemplated that the land acquired compulsorily should be held only until January or December—I am not quite sure which, and it does not matter—and amongst the functions which were assigned to the Railway and Canal Commission by the Defence of the Realm (Acquisition of Land) Act, 1916, was the right to say whether that time should be extended, and in fact an Order was passed by the Dáil about a year ago, constituting a body known as the Railway and Canal Commission (Extension of Time) Order, 1923. This Order gave the body known as the Railway and Canal (Extension of Time) Commission the powers which the Railway and Canal Commission exercised under Section 1 of the Act. The constant references to the Railway and Canal (Compensation) Commission, the Railway and Canal Commission, and the Railway and Canal (Extension of Time) Commission are rather confusing, and what is happening is this: there was one body, called the Railway and Canal Commission that functions under practically every section of the Defence of the Realm (Acquisition of Land) Act, 1916. According as it is necessary to exercise these functions under the various sections, we set up a new body specifically to exercise the functions under a specific section. We have already set up a body called the Railway and Canal (Extension of Time) Commission to exercise the functions in regard to extending time under Section 1 of the Act. That Commission has been approved by the Dáil. A Resolution like this was proposed and passed, and now we are setting up another body, the Railway and Canal (Compensation) Commission.

Mr. HEWAT

Are they the same, or different?

Mr. HOGAN

That is a matter for the Executive Council under the Order. The personnel of the previous body was the executive head of the Ministry of Home Affairs, Mr. Friel, and the executive head of the Ministry of Local Government, Mr. McCarron, and it is not yet decided who shall constitute the personnel of the new body. Possibly they may be the same; possibly they may not, or there may be additions. Probably that will be the solution. But we will have to set up various bodies under this Defence of the Realm (Acquisition of Land) Act, 1916, to exercise the various functions that the Railway and Canal Commission used to exercise under the various sections of that Act. Already, as I said, the Dáil has approved of one body for the purpose of Section 1, and now I am asking them to approve another body for the purpose of Section 8. I am ready to agree to adjourn this until Friday.

Mr. JOHNSON

I beg to move that the debate be adjourned till next Friday.

Agreed.

Debate adjourned accordingly.