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Dáil Éireann debate -
Friday, 26 Jun 1925

Vol. 12 No. 15

DAIL IN COMMITTEE. - SHANNON ELECTRICITY BILL, 1925—FROM THE SEANAD.

Amendment 1:—In Section 4 (2), line 8, before the word "one" the words "not less than" inserted.
Amendment 2:—In Section 4 (2), line 8, after the word "months" the words "or in case of an occupied dwellinghouse, three months' " inserted.

I beg to move:—"That the Committee agree with the Seanad in amendments 1 and 2." I am moving to agree with all the amendments made by the Seanad. The first and second really stand together. The point was raised that a longer period of notice than one month was required, but when this point came to be argued the discussion really refined down to longer notice in cases where land on which occupied dwellinghouses stood had to be acquired. The Seanad compromised on a rather more comprehensive amendment in this form that the words "not less than" should be inserted before "one" in Section 4 (2), line 8, and, in addition, after the word "month's" there should be inserted "or, in the case of an occupied dwelling-house, three months'."

Question put and agreed to.
Amendment 3.—In Section 8, line 37, the words "and maintain" deleted.
Amendment 4.—At end of Section 8 a new sub-section added as follows:—
"Where the Minister constructs any works under this section he shall maintain the same unless and until the Oireachtas makes other provision for the maintenance thereof."

I beg to move:—"That the Committee agree with the Seanad in amendments 3 and 4."

It was pointed out in the Seanad that as the section ran the Minister may construct and maintain all such embankments, piers, etc., but that under that a very obvious intepretation would be that I might be driven to construct for the purposes of the works, and I might then refuse to maintain the works which I had constructed. An amendment was suggested that the words "and maintain" should be changed to some such form as "may construct and, having constructed, shall maintain," but amendments 3 and 4 achieved that end in another way.

Question put and agreed to.
Amendment 5.—In Section 9, line 48, the words "and maintain" deleted.
Amendment 6.—At the end of Section 9 a new sub-section added as follows:—
"Where the Minister constructs any works under this section he shall maintain the same unless and until the Oireachtas makes other provision for the maintenance thereof."

I move:—"That the Committee agree with the Seanad in amendments 5 and 6." These also run in double harness. They are exactly of the same effect with regard to Section 9 in respect of the drainage of lands, simply deleting the words "and maintain" and putting in a sub-section making it compulsory to maintain.

Question put and agreed to.
Amendment 7.—In Section 11 (3), line 54, before the words "An account" the words "On or before the 1st day of October in every financial year" inserted.
Amendment 8.—In Section 11 (3), line 55, the word "every" deleted and the words "the previous" substituted therefor.

Amendments 7 and 8 are again a pair. It seemed to be desired by the Seanad that some definite term should be put upon the Minister with regard to the time within which the account should be rendered, and the first amendment proposed was, I think, to have the account prepared within two or three months of the end of the financial year; but by agreement that was extended to six months, and this carried out the agreement. I move: "That the Committee agree with the Seanad in these amendments."

Question put and agreed to.
Amendment 9.—Before Section 15 a new section inserted as follows:—
"If and whenever the execution of any works under this Act would or might involve the destruction or injury of or any interference with any ancient monument which in the opinion of the Minister is of public interest by reason of the historical, traditional, archaeological, or artistic interest attaching thereto, the Minister may with the consent of the Commissioners of Public Works in Ireland by order constitute the said Commissioners guardians of such monument under the Ancient Monuments Protection Acts, 1882 and 1892, and thereupon such Acts shall apply to such monument and the said Commissioners shall take such steps whether by removal and re-erection, raising, embanking or otherwise as they shall consider necessary for the protection of such monument."

No. 9 has a very simple object. It is to protect ancient monuments, and the protection that is afforded is set out in the amendment, which brings in the Ancient Monuments Protection Acts, 1882 and 1892, which are the two Acts having reference to this particular matter operative in the Saorstát at the moment. I move: "That the Committee agree with the Seanad in the amendment."

Question put and agreed to.
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