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Dáil Éireann debate -
Thursday, 23 Mar 1950

Vol. 119 No. 16

Private Business. - Local Government Provisional Orders Confirmation Bill, 1950 (from the Seanad)—Second and Subsequent Stages.

The purpose of this Bill is to confirm the two provisional Orders set out in the First and Second Schedules. These Orders have no effect unless confirmed by the Oireachtas. The First Schedule contains the text of the City of Limerick (Extension of Boundary) Provisional Order, 1950. That Order proposes to add to the City of Limerick a contiguous part of the county of approximately 3,000 acres. The purpose of the extension of the city is to facilitate the development of the housing policy of the Limerick Corporation. The petition of the corporation sought to have included in the city an area of approximately 6,000 acres including a portion of the County Clare. The whole question was fully discussed at a public inquiry, and subsequently with representatives of the local authorities concerned. On consideration of the whole question, it appeared that the case for the inclusion of part of County Clare has not been established, and that the area sought to be taken from County Limerick was rather beyond the limit within which development might reasonably be expected to take place within the not too distant future. The compromise has, I understand, satisfied both parties.

The other parts of the Order have, in the main, been taken from the Local Government (Dublin) Act, 1930, as provided by the Limerick City Management Act, 1934. Provision is made for the necessary consequential financial adjustments between the corporation and the county council, and for the payment to the county council of a sum in respect of increase of burden and for the loss of benefit occasioned as a consequence of the extension. Provision is also made whereby the added area will not pay the full Limerick City rate for a period of ten years. In the interim, the city rate will be adjusted as provided in Part II of the Schedule.

The Second Schedule contains the text of the Bray Urban District (Financial Relations) Order, 1950, and it proposes to amend the provisions of Article 1 (b) of the Bray (Financial Relations) Order, 1903. The order of 1903 exempted the Bray Urban District from contributing to the salary and pension of the county surveyor for County Wicklow. At that time the Bray Council was responsible for all roads within the urban district, but since 1927 all the main roads in the urban district have been maintained by the county council. The urban council considered the request of the county council for its alteration, and stated that they will be agreeable to contribute towards the salary of the county engineer and the superannuation of the former county engineer. As the original adjustment was made by a provisional Order confirmed by Parliament, it is necessary that any amendment be made by provisional Order confirmed by the Oireachtas. I move that the Bill be now read a Second Time.

Mr. de Valera

I do not know if a precedent is being created by dealing with the Bill in this way. Who is taking responsibility for the Bill in the Dáil?

The Minister for Local Government.

It is a private Bill, and under Private Bill Standing Orders the Leas-Cheann Comhairle takes charge when it comes from the Seanad.

Is it a private Bill?

Yes, a Provisional Orders Confirmation Bill, and it comes under Private Bill Standing Orders.

Mr. de Valera

I do not think we have had many of them like this.

It comes under Private Bills Standing Orders and the Leas-Cheann Comhairle takes charge when it comes from the Seanad. The Minister, of course, will answer any questions in regard to it.

If there is any question of ministerial responsibility, the Minister for Local Government is responsible.

Mr. de Valera

I am somewhat anxious as to the procedure.

The Minister for Local Government will answer any questions in regard to the Bill.

Mr. de Valera

Is he going to take charge of the Bill and explain it?

I am sure he would, if that was felt necessary.

I understood there was no objection to this Bill being taken as it is more or less formal. If there is any objection, we can have a debate any time it is necessary. Possibly the Minister for Local Government did not anticipate a debate on the subject. If the Deputy wishes to have a debate, I am sure the Minister for Local Government will supply him with any information he desires.

I might say that time was given in the Seanad for objections to be raised but none was raised.

Mr. de Valera

It is simply a question of procedure. I was anxious to know, if Deputies wished to raise any questions on the Bill, who would deal with them?

The Minister for Local Government.

Mr. de Valera

I do not know whether this would be the time to discuss the question of procedure. The question is whether this is good procedure. It seems to me it is not good procedure to have the Leas-Cheann Comhairle moving the Second Reading and without having any Minister to state what the Government attitude is. If the Government say it is an agreed measure, we do not object to it.

That was implied in the attitude taken up here. It was regarded as an agreed measure and as a formal matter. I can assure the Leader of the Opposition that there is no desire to create a bad precedent. If the Deputy is worried about the procedure, he can deal with it in the appropriate way.

Mr. de Valera

It is about the procedure I am worried. It seems something new to me.

The Leas-Cheann Comhairle deals with it when it comes from the Seanad but the Minister for Local Government will answer any questions raised in regard to it.

Mr. de Valera

I think we should examine the question of procedure. It is a bad procedure, in my opinion.

Question—"That the Bill be now read a Second Time"—put and agreed to.
Agreed to take the remaining stages now.
Bill put through Committee without amendment, received for final consideration, and passed.
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