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Dáil Éireann debate -
Wednesday, 30 Nov 1932

Vol. 45 No. 4

Private Business. - Expiring Laws Bill, 1932—Second Stage.

I move:

That the Bill be now read a Second Time.

Pages 2 and 3 of the Bill set out the Acts that it is proposed to continue. Deputies I am sure have received the memorandum sent out in connection with this Bill explaining why it is necessary to keep these Acts on the Statute Book. I propose to add a little further information, in addition to what has already been given in the memorandum, with regard to some of them. With regard to the Corrupt Practices Elections Expenses Act, 1869, and the Parliamentary Elections Act, 1868, these two Acts relate to the trial of election petitions. The law on this matter has been made permanent in England and the matter is under consideration here with a view to an up-to-date codification of the statutory provisions. While such codification would be desirable, my Department has too onerous a Parliamentary programme at the moment to permit of any hope of an early introduction of legislation on election petitions. In the circumstances, it will be necessary to have the Acts continued in the Expiring Laws Bill.

The Labourers (Ireland) Act, 1883, is the basis of the Labourers Acts Code. The new Housing Acts of 1931 and 1932 give power to borrow and provide for payment of subsidies in respect of houses erected under the Labourers Acts and the continuance of the Acts is accordingly more necessary than ever having regard to the extensive housing programme.

As to the Motor Car Act, 1903, the Road Traffic Bill, if passed, will take the place of the Act of 1903. I am making every effort to expedite the introduction of this Bill. Certain points arising out of the Parliamentary discussions on the original draft when it was before the Dáil in 1931 are being considered and the text of the Bill when revised and reintroduced will, I hope, meet the views of all Parties and contain the most up-to-date solution of the traffic problem.

The Workmen's Compensation (War Addition) Act, 1917, entitled any workman to receive from the person liable to pay compensation under the Workmen's Compensation Act of 1906 an addition equal to one-fourth of the compensation payable during the period of the war and six months thereafter. It is necessary to continue this provision pending the passage of a new Workmen's Compensation Bill which is at present under consideration in the Department of Industry and Commerce.

The Statutory Undertakings (Temporary Increase of Charges) Act, 1918, enables certain statutory undertakings (tramways, etc.,) to increase their charges above the amount authorised by statute. It is necessary to continue the Act in order to give statutory effect to various orders made thereunder. The principal undertaking affected would be the Dublin United Tramways Company.

As to the Aliens Restriction (Amendment) Act, 1919, Section 1 of the Act provides for the continuance of the powers exercisable with regard to restrictions on aliens under Section 1 (1) of the Aliens Restriction Act, 1914, and must be renewed pending the passage of permanent legislation. The existing provisions seem to be adequate, but when the opportunity for permanent legislation presents itself the necessity for continuing the Act in the Expiring Laws Bill would disappear.

The Harbours, Docks and Piers (Temporary Increase of Charges) Act, 1920, enables the Minister for Industry and Commerce to authorise any port, harbour or pier undertaking to provide or increase its charges beyond the statutory limit. A Bill to regulate harbour rates is at present under consideration in the Department of Industry and Commerce and when passed will replace the temporary legislation on harbour charges.

It is also necessary to continue the Local Government (Temporary Provisions) Act, 1923, in order to provide validation for the various county schemes relating to poor relief. A comprehensive codification of the law relating to poor relief from the Act of 1928 to the present time is under consideration and will be introduced when my Department is in a position to avail of Parliamentary time for the purpose.

As to the Statutory Undertakings (Continuance of Charges) (No. 2) Act, 1923, what I have said with regard to the tramways applies to that.

The Increase of Rent and Mortgage Interest (Restrictions) Act, 1923, has been continued year by year since 1923 and has to be continued to preserve the existing protection for tenants.

With reference to the Local Authorities (Combined Purchasing) Act, 1925, I recognise the necessity for a review of this legislation and for the consolidation of Government policy on central purchasing in a permanent Act if it is found to be necessary. If the Act were to be enshrined in permanent form I might like to see various amendments of the existing provisions. At the moment however, I am not in a position to introduce an amending Act and, accordingly, I will recommend that the combined Purchasing Act be continued for another year.

The 1929 Act is due to expire on the 20th December, 1932. If it is allowed to expire there will be no power until new legislation is passed to appoint a Deputy Circuit Court Judge in place of one of the ordinary judges who is wholly or partially unable to do his court work owing to illness or owing to his being engaged in other public business.

There are two Acts on which I should like to raise a question at a later stage. It would be scarcely fair to ask the Minister to deal with them now. The two Acts on which I require information are (1) the Workman's Compensation (War Addition) Act, 1917. As the Minister is aware, that Act has been under consideration for years and employers are suffering at the moment under the disability of having to pay compensation on a war scale. As the Minister is doubtless aware, the scale that was set up during the period immediately following the war when prices were high and when wages were high is still continued. I would be glad if the Minister would look into that particular measure and give us some definite information on the Committee Stage of the Bill. Another Act that I would like information on at a later stage is the Rents Restriction Act. As the Minister has pointed out, this Act has been continued from year to year since 1923. I would remind him, however, that that Act has been amended in important details since 1923 and further amendments have been under consideration not alone by this Government but by its predecessor in office. I would be glad if between this and the Committee Stage the Minister could find time to look into this particular Act and give us some sort of information about it as he is doubtless aware that a number of hardships arise under it.

Question put and agreed to.
Committee Stage fixed for Wednesday, 6th December, 1932.
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