The Minister for Lands is unable to attend, but he has asked me to say that he proposes to accept the eight amendments inserted by the Seanad. The amendments have been circulated and I do not know if Deputies want me to deal with each amendment.
Committee on Finance. - Forestry Bill, 1945—From the Seanad.
The Dáil went into Committee to consider amendments from the Seanad.
We should like to hear the Minister's reasons for accepting them.
Mr. Boland
Very well. I move that the Committee agree with the Seanad in amendment No. 1:—
SECTION 9.
In page 6, Section 9, sub-section (1), after paragraph (j), the following new paragraph inserted:—
(k) disseminate, or aid in the dissemination of, information likely, in his opinion, to arouse, stimulate, or increase, public interest in forestry or woodland industries.
This amendment is merely intended to widen the scope of the Minister's powers in relation to the dissemination of information concerning forestry and allied matters. It was felt in the Seanad that sub-section (1) of Section 9 did not already confer upon the Minister adequate power to publicise information likely to arouse or stimulate public interest in forestry and that the Minister should have such power.
Question put and agreed to.
Mr. Boland
I move that the Committee agree with the Seanad in amendment No. 2:—
In page 8, at the end of Section 14, line 55, the following new sub-section inserted:—
(2) Where, in the course of the hearing of an appeal to the Appeal Tribunal under any section contained in this Part, any party to the appeal requests the Appeal Tribunal to refer a question of law arising on the appeal to the Supreme Court by way of case stated for the determination of the Supreme Court, the Appeal Tribunal shall refer the question to the Supreme Court accordingly, and adjourn its decision on the appeal pending the determination of such case stated.
This section provides for an appeal to the Supreme Court from the Appeal Tribunal. When the Bill was under consideration in this House consideration was given to an amendment which proposed that the decisions of the Appeal Tribunal on matters coming before them by way of appeal from the Lay Commissioners under Part III of the Bill should be appealable to the High Court. The position is that the Appeal Tribunal is presided over by a judge of the High Court and it was considered by the Minister that the appeal should not go to a court of which that judge was a member. In the Seanad, it was put to the Minister that there should be some appeal on a question of law from the Appeal Tribunal, if a case were stated, and he agreed to provide the appeal to the Supreme Court, which this amendment provides.
Question put and agreed to.
Mr. Boland
I move that the Committee agree with the Seanad in amendment No. 3:—
SECTION 16.
In page 9, sub-section (1) of Section 16, lines 11 to 20, inclusive, deleted and the following sub-section substituted:—
(1) (a) In any proceeding under this Part heard and determined by the Lay Commissioners or the Appeal Tribunal, the Lay Commissioners or the Appeal Tribunal, as the case may be, may direct that the costs and expenses of any party to such proceedings shall be paid by any other party thereto, and they may also, on the application of such first-mentioned party, issue an order for the levying of the amount (as taxed or measured in accordance with paragraph (b) of this sub-section) of such costs and expenses together with the costs of obtaining such order.
(b) Where the Lay Commissioners or the Appeal Tribunal direct, under paragraph (a) of this sub-section, that the costs and expenses of any party to proceedings heard and determined by them shall be paid by any other party thereto, the said costs and expenses shall be taxed by a Taxing Master of the High Court, unless both the said parties agree that the said costs and expenses should be measured by the Lay Commissioners or the Appeal Tribunal, as the case may be, in which case the said costs and expenses shall be so measured.
Sub-section (1) of Section 16 deals with the award of costs by the Lay Commissioners or the Appeal Tribunal in proceedings before them under the Bill. The sub-section in the Bill as it left this House provided that, where costs were so awarded, the Lay Commissioners or Appeal Tribunal would measure the costs, unless they deemed it more proper to have them taxed by a taxing master of the High Court. The new sub-section (1) inserted in the Bill by this amendment provides that costs so awarded will be taxed by a taxing master of the High Court unless both the parties to the proceedings elect to have them measured by the Lay Commissioners or the Appeal Tribunal. The amendment is not important; it merely transfers from the Lay Commissioners or Appeal Tribunal to the parties to proceedings the right of decision as to the body to measure or tax the costs.
Question put and agreed to.
Mr. Boland
I move that the Committee agree with the Seanad in amendment No. 4:—
SECTION 17.
In page 11, Section 17, sub-section (9), after paragraph (b), the following new paragraph inserted:—
(e) If any person (other than the Minister), who is liable to pay compensation under Section 20 of this Act, fails to comply with the provisions of the foregoing paragraphs of this sub-section, any person, who is competent to give an effective discharge for such compensation, may recover from such first-mentioned person such compensation and the interest payable thereon under paragraph (b) of this sub-section as a simple contract debt in a court of competent jurisdiction.
This amendment, together with amendments Nos. 5, 6, and 7, is a purely drafting amendment.
Question put and agreed to.
The following amendments were also agreed to:—
SECTION 19.
In page 11, sub-section (2) of Section 19, lines 55 to 59, inclusive, deleted and the following sub-section substituted:—
(2) The Minister shall, immediately upon making an application for an extinguishment order, do the following things:—
(a) publish the prescribed notice of the application in theIris Oifigiúil and in one or more newspapers circulating in the locality in which the land to which the application relates is situate, and
(b) serve a copy of such notice on the occupier (if any) of the land to which any easement to which the application relates is believed to be appurtenant and on every person who appears to the Minister to be the owner of any such land, if it is practicable to ascertain that person.
SECTION 20.
In page 15, sub-section (6) of Section 20, lines 55 to 60, inclusive, deleted and the following sub-section substituted.
(6) Where the land, over which a right of way is granted by an order under sub-section (1) of this section, is registered under the Act of 1891, the Land Commission shall send a copy of the order to the registering authority under the Act of 1891, together with a certificate as to the date on which the order came into force, and the said registering authority shall register the said right of way as a burden affecting the said land during the period for which the said right of way is exercisable.
SECTION 32.
In page 26, Section 32, sub-section (3) (b) (ii) (II), line 3, after the word "allocate" the words "in accordance with the respective priorities of the mortgages," inserted.
Mr. Boland
I move that the Committee agree with the Seanad in amendment No. 8:—
SECTION 60.
In sub-section (2), page 51, lines 51 to 55, inclusive, deleted.
This amendment deals with the recovery of costs by the Minister where he enters on land to destroy vermin. Objection was taken to the Minister's power to recover costs and this amendment provides that the Minister will not recover costs; in other words, the occupier of the lands entered on will not be expected to pay the costs.
I think he agreed to that in the House here.
Mr. Boland
He did, but he had not time to bring in the amendment here. He had to bring the amendment in in the Seanad.
Question put and agreed to.
Agreement with amendments Nos. 1 to 8, inclusive, reported and agreed to.
Ordered: That the Seanad be notified accordingly.