Dáil Éireann debate -
Wednesday, 25 Nov 1931

Vol. 40 No. 16

Mines and Minerals Bill, 1931—Report.

Minister for Industry and Commerce (Mr. McGilligan)

I move:

In page 4, before Section 3, to insert a new section as follows:—

"The second proviso to sub-section (5) of Section 45 of the Land Act, 1923 (No. 42 of 1923), is hereby repealed."

This is to carry out the undertaking I gave with regard to the 25 per cent. of the royalties that might be derived by the State from minerals discovered on land. It leaves all the sections of the old Act that are repealed in application to any lease that has been made exclusive of the right to mining made by the Land Commission before the passing of the Act. In other words, a person who is in fact in enjoyment of a certain royalty is left in possession of it, but anybody who is not in possession of a royalty will never get it.

Mr. Lemass

The only point I wish to raise is: is the Minister certain that the wording is clear? Sub-section (5) of Section 45 says: "Provided that this section shall not apply to proviso (a) and (b)." There are two different categories. One is sand and clay, and the other mines already in operation. Is it clear that it applies to (b) of the first rather than to (b) of the second?

Mr. McGilligan

I will have to look into that, and I can get it amended if necessary at a later stage elsewhere. It is very hard to relate these things without having the precise terms of the old Acts before one. The principle, however, is there, and I think it would be easy enough to get the amendment properly established elsewhere.

Amendment put and agreed to.

Mr. McGilligan

I move:

In page 8, before Section 16, and in Part III to insert a new section as follows:—

"16.—(1) The Minister shall, as soon as may be, after every 30th day of June and every 31st day of December, after the passing of this Act lay on the Table of each House of the Oireachtas a report containing particulars of every lease for a term exceeding two years actually made under this Part of this Act during the six months ending on such 30th day of June and 31st day of December respectively.

(2) The period commencing on the day of the passing of this Act and ending on the 30th day of June, 1932, shall for the purposes of this section be deemed to be a period of six months ending on the said 30th day of June, 1932."

This is an amendment that was promised to give the Dáil certain notice after the event with regard to leases that have been made. I call attention to two different points in it. The amendment states that after every 30th day of June, and every 31st day of December, after the passing of this Act, the Minister shall lay on the Table of each House of the Oireachtas a report containing particulars of every lease for a term exceeding two years. In other words I am cutting out prospecting leases altogether. Where a lease is in process of being made, whether approaching the final stage or not, unless it is legally binding, no information will be given until six months have elapsed.

Mr. Lemass

The only point is what are the particulars of the lease?

Mr. McGilligan

That would have to depend on the particular lease, I think. In that respect I am not bound, as the amendment runs, to give anything precise, but I think we would have very much the same information as is submitted under the State Lands Act according to the terms of an amendment which the Deputy himself framed. That is person, property and whatever cognisances had been entered into, and any rents or royalties that are being got by the State. These generally would be the particulars, but I do not know that it is right to say that these will be given in every case.

Amendment put and agreed to.

Question—"That the Bill as amended be received for final consideration"—put and agreed to.

Fifth Stage ordered for Thursday, 26th November.