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Dáil Éireann debate -
Friday, 4 Jun 1937

Vol. 67 No. 14

Private Business. - Local Government (Galway) Bill, 1937.—Report.

The amendments which have been set down for Report Stage in my name on this Bill are set down at the instance of the promoters. They are the outcome of suggestions made by the Department of Local Government and Public Health on the Bill as it emerged from the Select Committee and agreed to by the promoters. It is my view that it is not necessary that any of these amendments should be referred, under Standing Order 105, to the former Committee on the Bill. They deal with matters which are purely of a formal character. I move amendment No. 1:—

In page 4, Section 9, to add at the end of the section the following words: "for the purpose only of the receipt and payment of money, and of keeping the accounts of the same and the town clerk shall exercise and perform in relation to the borough all the powers and duties conferred or imposed for any other purpose on the treasurer of a borough."

The addition is desired so as to show who will carry out the duties of treasurer as specified under Section 93 of the Municipal Corporation Act, 1840, other than the receipt and payment of money, the latter being within the province of the bank to be appointed treasurer pursuant to Section 9. The bank would not discharge the other duties specified in the Municipal Act, 1840. Hence the amendment is necessary.

Amendment put and agreed to.

I move amendment No. 2:

In page 5, Section 10 (1), lines 4 and 5, to delete the words "a fund to be established by the Corporation and called ‘the borough fund'" and substitute the words "the borough fund."

As there is already in law a fund known as "the borough fund," and as the wording of Section 10 would appear to establish a new fund to be called "the borough fund," it is desired that this amendment be made so as to avoid confusion as between the two funds—the idea being that there is to be only one fund, "the borough fund," as already defined by law.

Amendment put and agreed to.

I move amendment No. 3:

In page 5, Section 10 (5), line 27, to insert after the word "this" the words "or any other."

As the sub-section stands without amendment, a question might arise that the only payment that could be made out of the borough fund would be the costs of the present Act. This is not so, having regard to the provisions of Section 8, but so as to make the matter quite clear it is desired to insert the words "or any other."

Amendment put and agreed to.

I move amendment No. 4:—

In page 5, before Section 11 to insert a new section as follows:—

"The provisions of Section 10 of the Counties and Boroughs (Ireland) Act, 1840, whereby the rate of assessment of the borough rate to be made in any borough under the Municipal Corporations (Ireland) Act, 1840, is limited, shall not have effect in relation to any borough rate made in the borough."

Amendment put and agreed to.

I move amendment No. 5:—

In page 6, before Section 11 (6), to insert a new sub-section as follows:—

"(6) The price to be charged by the Corporation for a supply of water by meter shall be fixed by the corporation and may be recovered in the like manner as water rates."

Amendment put and agreed to.

I move amendment No. 6:

In page 6, Section 17 (1), line 38, to delete the words "appointed day" and substitute the words "tenth day after the day of election".

Amendment put and agreed to.

I move amendment No. 7:—

In page 7, Section 18, line 2, to insert after the word "alderman" the words "qualified to vote".

Amendment put and agreed to.

I move amendment No. 8:—

In page 7, Section 23, to delete all after the word "body" in line 52, to the end of the section and substitute therefor the following:—"wholly or partly nominated by the district council shall cease to hold office immediately before the first meeting of the borough council and such cessor shall be deemed for the purpose of any enactment for the constitution of such body to have created a casual vacancy in such body."

Amendment put and agreed to.

I move amendment No. 9:—

In page 10, Schedule, to add a new paragraph as follows:—

"(V) Local Government Board (Ireland) Provisional Orders Confirmation Act, 1902. 3 Ed. VII, c. xciv."

Amendment put and agreed to.
Fifth Stage ordered for Wednesday, 9th June, 1937.
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