The Bill is re-committed for the purpose of dealing with amendments, and the sections cannot be discussed.
In Committee. - St. Laurence's Hospital Bill, 1940—Recommittal.
I move amendment No. 1:—
In page 3, before Section 3, to insert a new section as follows:—
(1) The Minister shall by order appoint a day to be the first appointed day for the purposes of this Act and references in this Act to the first appointed day shall be construed as references to the day so appointed.
(2) When the new hospital has been erected and equipped and is, in the opinion of the Minister, ready for the reception of patients, he shall by order appoint a day to be the second appointed day for the purposes of this Act and references in this Act to the second appointed day shall be construed as references to the day so appointed.
Under this new section, which supersedes Sections 8 and 34 of the Bill, the first and second appointed days will become the pivotal days for the purposes of the Act. It is largely a drafting amendment.
Amendment agreed to.
Before we deal with amendment No. 2, I do not think it is necessary actually to move an amendment, but it is proposed to interchange Part II and Part III of the Bill. It is merely a matter of preserving the time sequence, and draftsmen advise us that it will better preserve the time sequence if we interchange Parts II and III.
Agreed
I move amendment No. 2:—
In page 4, lines 1 to 4, to delete Section 4 (2) and substitute a new sub-section as follows:—
(2) The Minister may, for the purpose of facilitating the extension, enlargement or the improvement of the amenities of the new hospital, from time to time acquire land either compulsorily or by agreement.
This amendment proposes to substitute a new sub-section (2) for that in the Bill as passed in Committee. The purpose of the amendment is to extend the powers given by the sub-section so as to enable the Minister to acquire land to improve the amenities of the hospital. Under the section as drafted, the Minister has power to acquire land for the purpose of the extension or enlargement of the new hospital. It is proposed now to give an additional power to acquire land for the purpose of improving the amenities.
Is this amendment No. 2?
It is No. 2.
The Parliamentary Secretary is talking about amendment No. 2.
Amendment agreed to.
I move amendment No. 3:—
In page 5, to delete lines 20 to 32 (Section 8).
This amendment proposes to delete Section 8. It is consequential on amendment No. 1.
Amendment agreed to.
I move amendment No. 4:—
In page 5, line 34, Section 9 (1), to delete the words "establishment date" and substitute the words "first appointed day".
This is a drafting amendment.
Amendment agreed to.
I move amendment No. 5:—
In page 5, at the end of Section 9 to add the following three sub-sections:—
(3) Subject to any Order made by the Minister under sub-section (4) of this section, the board shall consist of a number of members equal to the number of members of the existing governing body immediately before the first appointed day.
(4) The Minister may at any time after the first appointed day from time to time by Order alter the constitution of the board in such manner as he thinks fit and any such Order may contain such ancillary provisions as the Minister thinks expedient for the purposes of the Order.
(5) Every Order made under sub-section (4) of this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made, and if a resolution annulling such Order is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such Order is so laid before it such Order shall be annulled accordingly but without prejudice to the validity of anything previously done under such Order.
This amendment is necessary as a preliminary to a subsequent one which will provide for the appointment of members of the existing governing body to the new board. The amendment provides that the new board of governors shall consist of a number of members equal to the number on the existing governing body immediately before the first appointed day. The purpose of this is to enable all the members of the existing governing body to be appointed to the new board. This amendment and the next amendment—No. 6—and, in fact, most of the consequential amendments, all hang together and are being put before the House for the purpose of providing machinery to carry forward the present board of governors as the board of governors for any purpose—for the purpose of bringing into being the new hospital, for the purpose of governing the existing institutions in the meantime and, finally, for the purpose of governing the new hospital and whatever portion of the existing institutions should be continued as a hospital. On the Committee Stage, Deputy Cosgrave very strongly urged the desirability of having only the one board, and, that that board should be the present board. This amendment is being moved now for the purpose of meeting the case that Deputy Cosgrave made on the Committee Stage, and I understand, from further discussions we have had with the present board of governors, that they, too, are anxious that the present board should be continued.
Amendment agreed to.
I move amendment No. 6:—
In page 5, to delete lines 41 to 48, and in page 6, to delete lines 1 to 31 (Section 10) and substitute the following section:—
(1) Each person who is, immediately before the first appointed day, a member of the existing governing body shall on the first appointed day become and be, by virtue of this sub-section, a member of the board.
(2) Subject to the provisions of any Order of the Minister altering the constitution of the board every member of the board shall hold office until he dies, resigns or is removed from office.
(3) A member of the board may at any time resign his office by sending to the Minister a letter tendering his resignation, and his resignation shall take effect as on and from the date of the reception of such letter by the Minister.
(4) The Minister may at any time by Order remove from office all or any of the members of the board.
(5) Whenever a member of the board dies, resigns or is removed from office, the Minister may, if he sees fit, appoint a person to fill the vacancy.
This amendment proposes to substitute a new section for Section 10. The new section will appoint the personnel of the existing governing body to the new board.
Amendment agreed to.
I move amendment No. 7:—
In pages 7 and 8, to delete the figures "16", "17" and "40" where they occur in Section 15, and substitute the figures "12", "13" and "38", respectively.
This is a drafting amendment, consequential on the alteration in the numbers of the section referred to in Section 15.
Amendment agreed to.
I move amendment No. 8:—
In page 8, to delete lines 23 to 25, Section 16 (2), and substitute the following:—
(2) The board may pay and make to any officer or servant of the board such remuneration and allowances as the board may from time to time fix.
This is a redraft to improve the wording of sub-section (2) of Section 16. Deputy Cosgrave mentioned this matter on Committee Stage and the redraft is, I think—in fact I am sure— a better construction than the original draft.
Amendment agreed to.
I move amendment No. 9:—
In page 8, to delete lines 31 to 34 (Section 17 (2)).
This amendment proposes to delete sub-section (2) of Section 17. There is now no necessity for this sub-section, for officers and servants of the existing governing body will be transferred to the board on the first appointed day and from that date they will be officers and servants of the board for the purposes of sub-section (1) of Section 17.
Amendment agreed to.
I move amendment No. 10:—
In page 10, to delete lines 37 to 40 (Section 25).
This amendment is consequential on the adoption of the principle of one board for all purposes.
Amendment agreed to.
I move amendment No. 11:—
In page 10, to delete lines 43 and 44 (Section 26), and substitute the following: "As soon as the Minister has acquired under this Act a site for the new hospital he shall inform the board accordingly, and the board shall, with all convenient speed", and in lines 47 and 48, to delete the words "acquired for that purpose by the Minister", and substitute the words "so acquired".
This also is a drafting amendment.
Amendment agreed to.
I move amendment No. 12:—
In page 11, to delete lines 22 to 29 (Section 29 (3)).
This is a drafting amendment.
Amendment agreed to.
I move amendment No. 13:—
In page 11, before Section 30, to insert a new section as follows:—
(1) The board shall out of the property transferred to it by Section 36 (which relates to transfer of property of existing governing body) of this Act appropriate a sum equal to the following, namely, the amount of any moneys paid to the existing governing body under the Public Charitable Hospitals Acts, 1930 to 1932, together with any accumulation on such moneys, less any part thereof actually expended by the existing governing body before the date of the passing of this Act, and the sum so appropriated shall be applied by the board towards defraying expenses incurred by the board in the preparation of the scheme and in the erection and equipment of the new hospital and for no other purpose.
(2) The Minister shall, under Section 25 of the Public Hospitals Act, 1933 (No. 18 of 1933), make from time to time to the board, out of the Hospitals Trust Fund, grants of a total amount equal to the amount of any expenses which have, in the opinion of the Minister, been reasonably incurred by the board in the preparation of the scheme and in the erection and equipment of the new hospital in accordance with the scheme, after deducting the sum appropriated under sub-section (1) of this section."
This amendment proposes a new section to abolish Section 33 and Section 29 (3) of the original Bill. The section of the original Bill provided for the payment out of the Sweepstakes Fund in the hands of the existing governing body to the new board and then placed an obligation on the board to apply the moneys towards the cost of providing the new hospital. These funds will now be transferred by Section 36 to the new board on the first appointed day. It is only necessary now to place an obligation on the board to apply to the Minister for a grant towards the cost of providing the new hospital.
Amendment agreed to.
I move amendment No. 14:—
In page 12, to delete lines 7 to 32 (Section 33).
Amendment agreed to.
I move amendment No. 15:—
In page 12, to delete lines 33 to 37 (Section 34).
Amendment agreed to.
I move amendment No. 16:—
In page 12, before Section 35, to insert the following new section:—
(1) In this Part of this Act—the expression "the Commissioners" means the Commissioners of Public Works in Ireland;
the expression "the trust lands" means any lands, tenements or hereditaments which are, by virtue of Section 3 of the Act of 1856, immediately before the first appointed day, vested in the Commissioners in trust for and to the use of the existing hospitals;
the expression "the existing governing body's lands" means any land, tenements, or hereditaments (other than the trust lands) which are, immediately before the first appointed day, vested in, or the property of, or held in trust for, the existing governing body and occupied by it for the purposes of the existing hospitals.
(2) A certificate under the seal of the Minister that any particular lands, tenements or hereditaments (other than the trust lands) were immediately before the first appointed day vested in, or the property of, or held in trust for, the existing governing body and occupied by it for the purposes of the existing hospitals shall be conclusive evidence of the facts so certified.
The words "occupied by it for the purpose of the existing hospitals" are to be deleted wherever they appear. It is only a matter of drafting. The draftsman has advised that these words are redundant.
Amendment agreed to.
I move amendment No. 17:—
In page 12, line 38, Section 35, to delete the words "the transfer date", and substitute the words "the first appointed day".
The effect of this amendment will be that on the first appointed day the existing governing body shall be dissolved and the provisions of the Act of 1856 shall cease to have effect in relation to the existing governing body and the existing hospitals.
Amendment agreed to.
I move amendment No. 18:—
In pages 12 and 13, Section 36, to delete the words "the transfer date" where they occur in the section, and substitute the words "the first appointed day".
Amendment agreed to.
I move amendment No. 19:—
In page 13, line 11, Section 36 (4), to delete all words from the word "lands" to the end of the sub-section, and to substitute the words "the trust lands or the existing governing body's lands".
As amended, the paragraph will read: "this section shall not have effect in relation to trust lands or the existing governing body's lands."
Amendment agreed to.
The following amendments were agreed to:—
20.—In page 13, to delete lines 14 to 22, Section 36 (5), and substitute the following sub-section:—
(5) Where any property transferred to the board by this section was immediately before the first appointed day held upon trust for the endowment of a bed or a medical prize or medal fund or upon other special trusts, such property shall—
(a) until the second appointed day, be held by the board upon the trusts which immediately before the first appointed day affected it;
(b) on and after the second appointed day, be held by the board upon such trusts as may be declared by the board of and concerning the same, and the trusts so to be declared shall be such as, in the opinion of the board, correspond so far as the circumstances allow to the trusts which immediately before the first appointed day affected such property."— (Aire Riaghaltais Aiteamhail agus Sláinte Poiblidhe.)
21.—In pages 13 and 14, to delete the words "the transfer date" where they occur in Section 37, and substitute the words "the first appointed day."—(Aire Riaghaltais Aiteamhail agus Sláinte Poiblidhe.)
21a.—In page 13, line 42, Section 37 (2), after the word "in" to insert the words "or the property of or held in trust for".—(Aire Riaghaltais Aiteamhail agus Sláinte Poiblidhe.)
22.—In page 14, to delete lines 3 to 17, sub-sections (6) and (7) of Section 37.—(Aire Riaghaltais Aiteamhail agus Sláinte Poiblidhe.)
23.—In page 14, to delete the words "the transfer date" wherever they occur in Section 38, and to substitute the words "the first appointed day". —(Aire Riaghaltais Aiteamhail agus Sláinte Poiblidhe.)
24.—In page 14, to delete the words "the transfer date" wherever they occur in Section 39, and to substitute the words "the first appointed day". —(Aire Riaghaltais Aiteamhail agus Sláinte Poiblidhe.)
25.—In page 15, to delete the words "the transfer date" wherever they occur in Section 40, and to substitute the words "the first appointed day". —(Aire Riaghaltais Aiteamhail agus Sláinte Poiblidhe.)
26.—In page 15, Section 41 (1), to delete the words "transfer date" and substitute the words "second appointed day".—(Aire Riaghaltais Aiteamhail agus Sláinte Poiblidhe.)
27.—In page 15, Section 42, to delete the words "transfer date" in the first line of the section, and substitute the words "first appointed day".—(Aire Riaghaltais Aiteamhail agus Sláinte Poiblidhe.)
28.—In page 15, Section 42, in line 30, to insert before the words "do all such things" the words "subject to the provisions of this Act".— (Aire Riaghaltais Aiteamhail agus Sláinte Poiblidhe.)
Mr. Byrne
Might I ask a question on Section 42? Paragraph (a) of the section says:—
in any case where the relatives of a patient dying therein are not known or, by reason of their absence or poverty or otherwise, are unable to provide for the burial of such deceased patient, defray all necessary and proper expenses incurred in the burial of such deceased patient.
Will the Parliamentary Secretary say what kind of burial it is proposed to give in these cases? I would ask him to insert some words before the word "burial" to make it obligatory that a decent burial, and not one of the cheapest possible kind, will be given to an unknown patient. We remember what used to happen in this city 25 or 30 years ago when unknown patients were buried in what was called "the Pit." I hope that, in cases where the relatives are not able to give the deceased a decent burial, something will be done to see that a deceased person is not interred in the cheapest possible kind of a deal coffin. We do not want a repetition of what used to occur 25 years ago.
The Deputy should remember that the House is now on the Report Stage of the Bill, and that as he did not put in an amendment the point cannot be considered now.
Mr. Byrne
I would ask the Parliamentary Secretary to bear it in mind.
Perhaps I might be permitted to say that the section as it stands gives an absolute discretion to the board to decide the type of burial that is to be carried out in cases where there are no known relatives of deceased persons, or where, through poverty or otherwise, the relatives are not able to bury a deceased person. In all such cases the board is empowered to defray all necessary and proper expenses incurred in the burial of the deceased patient. The discretion as to what expenses would be deemed necessary and proper will rest with the board. It is to avoid the contingency that the Deputy has mentioned, of a possible burial in a pit, that this provision is being put into the Act.
Mr. Byrne
That will do me.
Bill reported with amendments.
Question—"That the Bill be received for final consideration"—put and agreed to.
Fifth Stage ordered for to-morrow.