Dáil Éireann debate -
Tuesday, 27 Jun 1939

Vol. 76 No. 13

Air Raid Precautions Bill, 1939—Report.

Minister for Defence (Mr. Aiken)

I move amendment No. 1:—

In page 9, line 9, Section 17 (1) (a), to insert after the word "either" the words "permanently or temporarily and either."

This amendment and amendment No. 2 cover a point which was made on the Committee Stage. Certain Deputies were anxious that we should have power to acquire property temporarily if it were not needed permanently. The two amendments really cover the point which was made by Deputy Brennan on his amendment. They are really in substitution for that amendment.

Amendment No. 1 agreed to.

Mr. Aiken

I move amendment No. 2:—

In page 9, line 11, Section 17 (1) (b), to insert after the word "either" the words "permanently or temporarily and either."

Amendment agreed to.

Amendment No. 3 not moved.

Mr. Aiken

I move amendment No. 4:

In page 9, line 40, Section 17 (6), to insert after the word "acquires" the word "permanently."

This is a consequential amendment.

Amendment agreed to.

Mr. Aiken

I move amendment No. 5:—

In page 9, line 53, Section 17 (7), to insert after the word "acquires" the word "permanently."

This is also consequential.

Amendment agreed to.

An Ceann Comhairle

Amendment No. 6 is out of order. It would obviously impose a charge.

General Mulcahy

It is a charge being imposed on the local authorities?

An Ceann Comhairle

The money would not go back to the Treasury.

Mr. Aiken

I move amendment No. 7:—

In page 10, to delete Section 19 (1) and substitute the following sub-section:—

(1) Where the Minister is satisfied that any land or right, which has been acquired by a local authority for the purposes of this Part of this Act, ceases to be required for such purposes, he may serve upon such local authority a notice that he is so satisfied, and there upon the following provisions shall have effect, that is to say:—

(a) if such local authority sells, within six months after the service of such notice, such land or right, such local authority shall on demand pay to the Minister a sum which bears to the net proceeds of such sale the same proportion as the amount of the grant made to such local authority by the Minister under Section 35 of this Act in respect of the acquisition of such land or right bears to the compensation or price paid by such local authority in respect of such acquisition.

(b) if such local authority does not so sell such land or right, such local authority shall on demand pay to the Minister such sum (not exceeding the amount of the said grant) as the Minister, after consultation with the Minister for Local Government and Public Health, thinks fit.

I think this amendment will cover the point the Deputy had in mind.

General Mulcahy

I take it, if any land like that is reverting, the Minister for Local Government will take all these circumstances into consideration. The Government would not expect to get as much money out of it as they paid in certain circumstances?

Mr. Aiken

Deputy Brennan raised the point that, if the Minister for Defence said to the local authorities that this land was no longer required for the purposes of the Act, then they must get rid of it, and the question was how were the assets to be distributed as a result of the sale. If there is to be a sale, amendment No. 7 says that the assets are to be distributed in the same proportion as the original investment—the original grant from the Central Fund and the subscription out of the local funds.

Amendment put and agreed to.

Mr. Aiken

I move amendment No. 8:—

In page 11, Section 21 (1), line 4, to delete the word "Where" and substitute the words "Whenever and so often as".

This amendment and No. 9 really go together. There was a point raised on the Committee Stage that, if premises were designated, the designation should terminate at some time or another—that it should not be a permanent affair. In amendment No. 9 it is stated that the designation will last for three years, and, if not renewed, will end. Amendment No. 8 is a necessary preliminary to that amendment.

Amendment put and agreed to.

The following amendment was agreed to:—

In page 11, to delete Section 21 (5) and substitute the following sub-section:—

(5) Where a designation notice has been posted in a building or part of a building then, subject to the provisions of the next following section, such building or part shall unless such notice is withdrawn be designated premises during the period of three years commencing on the day on which notice is so posted, and references in this Part of this Act to designated premises and to designation of premises shall be construed accordingly.—(Minister for Defence.)

Mr. Aiken

I move amendment No. 10:

In page 17, at the end of Section 32 to add the following sub-section:—

(2) Proceedings for an offence under this section shall not be instituted except with the consent of the Minister.

This is to meet a point raised by Deputy O'Higgins, who did not want the officials of local authorities to be prosecuted by the Gárda. The amendment sets out that proceedings against local officials under the section shall not be instituted except with the consent of the Minister.

Amendment put and agreed to.

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

An Ceann Comhairle

When will the Fifth Stage be taken?

Mr. Aiken

If there is no objection, I should like to have it taken now.

General Mulcahy

I think we might leave it until next week.

Mr. Aiken

All right.

Ordered: That the Fifth Stage be taken on Tuesday, July 4th.

The Dáil adjourned at 4.45 p.m. until 3 p.m. on Tuesday, July 4th.