Health Authorities Bill, 1959—Report Stage.

I move amendment No. 1:

In page 3, to delete lines 13 to 20, and substitute the following:

"(b) The persons appointed pursuant to this subsection shall be entitled to be present at meetings of the Dublin Health Authority and, as respects business at any such meeting relating to the Mental Treatment Acts, 1945 to 1958, to take part in discussions and to vote in like manner as if they were members of the Dublin Health Authority."

On the Committee Stage of the Bill, Deputy Dillon referred to the desirability of making it clear that the three persons appointed from Wicklow could attend all meetings of the Dublin Health Authority and, accordingly, this amendment has been put down by me in order to ensure that they will be entitled so to attend and to take part in discussions but not to vote except in relation to any matter arising out of the Mental Treatment Acts.

I think the amendment proposed is an improvement on the Bill and is calculated to spare the Authority possible embarrassment without creating any inconvenience for the other members of the Authority who ordinarily would attend and participate in all discussions.

Amendment agreed to.

I move amendment No. 2:

In page 12, line 18, to insert ", in the case of subparagraphs (1) and (2) of paragraph 1 in their application in relation to the reserved property, be construed as referring to the Electorate and, in any other case," before "be construed".

Amendment No. 2 is consequential on amendment No. 3 and perhaps it might be possible to discuss amendments Nos. 2, 3 and 5 together.

I think it would be convenient to both sides of the House if we did because these amendments relate to the question of the Cherry Orchard Hospital and the Dublin Fever Hospital Board and, perhaps, on that I should make a general statement which would cover the three amendments.

In my reply to the debate on the Second Stage of the Bill on 5th November last, I said:

In regard to the Dublin Fever Hospital Board, I have undertaken to meet a deputation from that board after this debate but we must not lose sight of the fact that, in the present scheme of health services and administration, the Dublin Fever Hospital Board is something of an anomaly. Nowadays certain fevers are rightly regarded as the particular concern of the local health authority. Due to its history, of course, we have in existence the Dublin Fever Hospital Board. It administers Cherry Orchard Hospital. Cherry Orchard is a magnificent hospital but it was not built out of the trust fund of this body. It was built by funds provided by the Minister so there is no question of appropriating private property or anything li0ke that. That should be understood.

I propose to meet the members of this board and, if I cannot persuade them to accept my point of view, we may be able to come to some amicable arrangement. Somebody suggested that the trust funds might be restored to them, thus enabling them to provide them for some other charity which perhaps would be equally desirable. I do not think that would present any great difficulty; but perhaps that is not the point; perhaps what they are really concerned about is the tradition. I am not committing myself, but I am prepared to listen to what they have to say and to come to a decision of which, I hope, the House will be able to approve afterwards.

That is what I said on 5th November on Second Stage. Since that Stage I have met deputations from the Fever Hospital Board on two occasions and there have been other consultations with the board and its officers in my Department.

As a result of the discussions I am happy to say that we have reached agreement with the Board on a scheme under which the Extraordinary Members Electorate, that is to say those who are the successors, the present successors of the trustees of the old Cork Street Hospital, will be associated in an advisory capacity with the Cherry Orchard Hospital. Furthermore under this scheme the assets which were transferred from the then trustees to the Dublin Fever Hospital Board under the arrangements made in 1936 will be handed back into the control of the Extraordinary Members Electorate.

Amendments 3 and 5 are intended to give effect to this arrangement. The general purpose of the amendments is to set up an advisory committee for the Cherry Orchard Hospital with equal representation from the Extraordinary Members Electorate and the proposed Dublin Health Authority. This committee will advise the Health Authority—which in practice will generally be the chief executive officer —on the administration of the hospital. The chief executive officer will be expected to keep the committee advised of matters appertaining to the hospital and the committee will have certain statutory powers to obtain information from him in this regard. It will be also obligatory on the chief executive officer to give the committee, if they so desire, advance information in respect of works other than works of repair and maintenance which are proposed to be undertaken in the hospital and the committee will then be able to make representations to the Dublin Health Authority on the matter which could, if the Dublin Health Authority so decides, lead to the Chief Executive Officer's proposals being vetoed.

The investments now held by the Dublin Fever Hospital Board which were transferred to them in 1936 or which were since acquired by them from money received for the sale of property taken over by them in 1936 have been segregated and listed in the proposed new Fourth Schedule to the Bill as the "reserved property." The total value of these and of cash held is £52,000. There are certain other properties held by the Dublin Fever Hospital Board and these are listed in the Schedule. The income from these, as well as transferred investment, will in future be at the disposal of the Extraordinary Members Electorate. This income will total about £3,500 a year.

The Board have agreed and it has been provided for in the amendment that this income will be made available for such purposes in connection with Cherry Orchard Hospital as may be agreed upon by the advisory committee and the Dublin Health Authority. However, as the Extraordinary Members Electorate view the proposal for this advisory committee as being experimental they have asked for provision to be made whereby after a year's trial they could withdraw from this arrangement and put the income from the reserve property to other uses. There is accordingly included in the amendment a provision under which, if an absolute majority of the members of the Electorate so decide, they can cancel the nomination of members of the Advisory Committee, and when they do that, this committee will go out of existence and the reserve property will become available for use by the Electorate for other charitable or public purposes. I hope very sincerely that the Electorate will not find it necessary to invoke this clause and that as the successors of those who, out of charity, provided the old Fever Hospital at Cork Street their association with the new hospital at Cherry Orchard will continue.

There is one point relating to the reserve property which I would like and which it is necessary, I think, to refer to particularly. When the Dublin Fever Hospital Board was established under the act of 1936 the Cork Street Hospital was transferred to that body. It was understood at the time that when the new hospital was completed and taken over by the Board, the proceeds of the disposal of the Cork Street Hospital would go to the Hospital Trust Fund to offset part of the cost of the new building. In the event however, when the Fever Hospital was transferred to Cherry Orchard the Cork Street premises were taken over by the Dublin Board of Assistance on a lease as a home for old people and they are now using it for that purpose. It is known as Brú Caoimhighin. The rent is just sufficient to meet the outgoings on ground rent so there is no rent income to the Dublin Fever Hospital Board from this property at present.

In the discussions with me however, the representatives of the Extraordinary Members Electorate made the point that the agreement of 1936 to hand over these premises was based on the consideration of their participating in the Body administering the new Fever Hospital, as that as the latter hospital was being taken out of their control they should logically have the old institution handed back to them. There is some logic, I grant, in this but they do realise that even if the Institution was now finished with it would not be much use to them or to anybody else. They cannot reopen it as a Fever Hospital and they would not have a Fund to administer it for any other purpose. They made it clear that so long as the Institution was used for its present purpose or for another public purpose they were quite satisfied and would not lay any claim to it. However they were concerned, and I suppose rightly concerned as Trustees, as to what might happen if the Institution were closed and the property disposed of for private purposes.

I agree that their concern in this matter is reasonable and accordingly that they would have a reasonable claim to part of the proceeds of the sale. It has therefore been provided that if this property is sold at any time within a period of fifty years after the establishment of the Dublin Health Authority, an appropriate sum not exceeding £30,000 will be transferred to the Electorate and become part of the reserve property and usable as such by the Electorate. We have further provided in this amendment at the request of the Board that the Advisory Committee to which I have referred, which includes seven representatives of the Extraordinary Members Electorate will receive prior notice of any proposal to dispose of Brú Caoimhighin. Such disposal is under Section 83 of the Local Government Act of 1946 and subject to a veto by the elected members of the local authority to appoint members.

The committee will be able to make such representations to the local authority or the Minister as may prevent the disposal of the property if they so wish and the local authority will naturally take into consideration any such views in arriving at a decision. The arrangements which I have outlined have been agreed to in detail by the Dublin Fever Hospital Board and in particular by the representatives on that Board of the Extraordinary Members Electorate.

I wish to make it quite clear, and I think in fairness to the representatives of the Extraordinary Members Electorate it is only fair that I should make it clear, that I do not claim that I have persuaded the Board that what is being done under the Bill is preferable from their point of view to their being left in charge of the Hospital at Cherry Orchard. They have their own views on that question and I have mine and I outlined mine to the House on the Second Stage. It is highly commendable and praiseworthy that those who have been associated in a voluntary capacity with the treatment of infectious diseases in Dublin for many years past should wish to continue their unselfish efforts.

I do not want to criticise the members of the Board for not seeing eye to eye with me on the proposals in the Bill as introduced. I think the House will agree that it would have been entirely wrong for me, having regard to the changes in the method of treatment of infectious diseases over the last 20 years or so and to possible future developments, not to have included the Dublin Fever Hospital Board with the new general health authority in Dublin. The House, in giving the Bill a Second Reading, endorsed the general lines of my policy, the policy, perhaps with some reservations, of my predecessor and of his predecessor in this respect. I am glad that the Board, whatever reservations they may still have had on the principles of these proposals have been able, within the framework of the decision taken on the Second Reading, to agree on a scheme for the continued participation of the representatives of the extraordinary members in the operation of Cherry Orchard Hospital.

I should like, first of all, to congratulate the Minister and his advisers on the manner in which they have faced up to the problem which undoubtedly existed in the Bill when it was introduced here. At that time, under the Section now being amended, it was proposed to amalgamate and vest in the new Dublin Health Authority, the Dublin Fever Hospital at Cherry Orchard. With that amalgamation and vesting went the assets and the interest of a very old charity. I felt at the time that this was a very glaring defect in the Bill which otherwise might have received support here in the House. I felt in particular it was an assault on private voluntary charitable work. I am very happy to note that following the Second Reading, the Minister has had meetings with the charitable persons concerned at present with the running and the ownership of the Dublin Fever Hospital Board. I think it was a very fine thing for the Minister to do particularly as the Minister had, as he stated, a very strong view in relation to the abolition of this Hospital.

While the amendments now proposed do not meet entirely the objection I had in mind they certainly go a great deal towards meeting them and I learn that the Minister's approach has had the appreciation of all those concerned with this particular matter.

I would like to avail of the opportunity on this Stage to deal with what I think is a misapprehension on the Minister's part in relation to my views when I was Minister concerning the Dublin Fever Hospital Board. I stated during the discussion on the Committee Stage that I was not aware of any proposal to abolish the Dublin Fever Hospital. I repeat that statement deliberately now. I was not aware at any stage, when I was Minister, that it was intended that the Dublin Fever Hospital Board should be amalgamated with the new Dublin Health Authority.

It is proper that I should, for the purposes of the record, clear up this matter because, following the Committee Stage the Minister wrote me a letter and I am sure I have his permission to read that letter. On the 15th February, of this year the Minister wrote me as follows:

Dear Deputy O'Higgins: Apropos the references in Dáil Eireann on the Second and Committee Stages of the Health (Unified Authorities) Bill, 1959, to the inclusion of the Dublin Fever Hospital in the ambit of the Dublin Health Authority, I enclose for your information photostat copies of:

1. A memorandum or note on the subject of unification submitted to you as Minister by the Department (See paragraph 1);

2. A direction given by you as Minister following consideration of that note that the matter should be referred to the Government; and

3. An extract from the memorandum, dated 3 Bealtaine, 1955 subsequently submitted to and considered by the Government.

The memorandum referred to and the extract of which it was part states in paragraph 1:

In June 1952 the Government approved of the preparation of a Bill providing that the Health functions of Dublin Corporation and Dublin County Council and all the functions of the Dublin, Rathdown and Balrothery Boards of Assistance and the Dublin Fever Hospital Board should in future be dealt with by a new Health Authority. It was proposed that the new authority would have the services of a whole time chief executive officer,

and so on.

That statement was in a file and was associated with a memorandum which apparently came before me as Minister and which I considered: I then issued a direction to the Secretary of the Department as follows:

Secretary:—I have read the note attached. I am anxious that the whole question should again be discussed by the Government. A document should accordingly be prepared setting out what steps have already been taken. Give some priority to this.

Following that direction a submission or document for the Government was prepared which again referred, inter alia, to the Dublin Fever Hospital Board although I was not so aware at the time. In paragraph 16 of that document it states:

The Minister for Health wishes to submit this matter for the Government's approval.

The Government's decision of the 2nd June, 1955, was notified to me as Minister by the Secretary to the Government as follows:

I am to refer to the memorandum submitted by the Minister for Health and to inform you that it was decided that the Minister should examine the matter further in consultation with the local authorities concerned.

That was the decision of the Government on a memorandum submitted by me. It is correct to say that reference is made to the Dublin Fever Hospital Board being concerned with the proposed amalgamation but I was not aware of that and certainly would not have given approval to it.

It is interesting to note that the Minister, in his reading of this matter, went on the statement contained in the memorandum that the Government, in June, 1952, had approved of a proposal relating to the unification of Health Services in Dublin and elsewhere which included the Dublin Fever Hospital Board and these hospitals.

That was in June, 1952. When I was dealing with this matter in my Department at the time, the one document with which I was familiar was a document known as the Dooge Report. That was the report of a Joint Committee set up in Dublin City and County to consider the proposal as it affected Dublin City and County. It is interesting to note that following the Government decision of June, 1952, the official notification which issued from the Department dated 30th September, 1952, excluded the Dublin Fever Hospital from the proposed Dublin Health Authority. I do not need to refer to that letter. The Minister can get it. It is dated 30th September, 1952, and the relative paragraph, which is about half way down the letter, states as follows:

The Minister proposes that in Dublin City and County there should be one health authority, to consist of 16 members of the Corporation and 8 members of the County Council, to carry out the health functions of the Dublin Corporation, the Dublin County Council and the three Boards of Assistance, and the functions of the Grangegorman Mental Hospital Board. The new body would have the services of a whole-time officer....

There is no inclusion of the Dublin Fever Hospital Board and that this matter was so understood appeared from the report of the Joint Committee on the Proposed Amalgamation of the Health Services in Dublin City and County dated December, 1952. On page 15, paragraph 19, of the Report, the Minister's proposal is dealt with in the following way:—

The Minister's proposal is that the Health Services for the population of Dublin City and County (700,000 people) should be administered by a single authority. This Health Authority would consist of 24 members—16 of whom would be members of Dublin Corporation and eight members of Dublin County Council. The new Authority would have the power, if it wished, to set up Committees to deal with matters arising in relation to Health Services in sub-divisions of its functional area. The Authority would have the services of a whole-time executive officer to carry out the appropriate functions. The staff of the Authority would be formed from the present staffs of the three Boards of Assistance and the Mental Hospital Board. The new Health Authority would carry out the present Health functions of Dublin Corporation, Dublin County Council and the three Boards of Assistance, and the functions of Grangegorman Mental Hospital Board. It would not administer the present functions of the Dublin Fever Hospital Board, which would still remain as a separate Local Authority.

That was the proposal which I understood and with which I was familiar and it is the proposal outlined in that Report of the Joint Committee following the Departmental letter of 30th September, 1952. It was never suggested to me by any of my advisers —and if it had been so suggested I should have dealt with it in accordance with my own view and policy— that this proposal would involve the abolition of the Dublin Fever Hospital Board. The Minister's records in his Department will show him that I discussed the significance of unified health services with every body and board likely to be affected.

I never had any discussions along those lines with the Dublin Fever Hospital Board. In fact, as the Minister is probably aware, I was extremely concerned about the future of the Dublin Fever Hospital Board. I was very much concerned in relation to what proper and beneficial use that hospital could be put in the future. I was aware—I had been so advised— that the fever problem did not represent in 1954 and 1955, and was unlikely to represent in the future, the problem it had represented when the new Fever Hospital was blueprinted and built.

The Minister has kindly sent me the minutes of certain Departmental conferences which I convened and over which I presided, commencing on the 5th November, 1954, and held on three subsequent dates, when I considered with my advisers the possibility of turning the Dublin Fever Hospital Board into a national rehabilitation centre. That suggestion, as the Minister's officers are aware, was put forward to me, as Minister, by certain members of the Board of the Dublin Fever Hospital. At the time I had already decided that the Dublin Fever Hospital should be the polio centre and it appeared to me worth considering whether it should not also, in addition to being the centre for polio-myelitis cases, be the centre for rehabilitation. I went into the matter fully, as the minutes which have been sent to me by the Minister disclose, and eventually I was unable to approve of the proposal for the reasons which transpired in these minutes.

I mention that in order to emphasise that I was conscious of the problem created in relation to the future of the Dublin Fever Hospital Board. I never contemplated that this Board should be abolished and that it should be merged in the new unified health authority. I have taken perhaps an undue length of time referring to this matter but I do so merely in order to permit myself as a Deputy to retain such reputation as I have. I made a statement which I believed in sincerely. The records in no way cause me to feel I was mistaken. I assert I was never conscious of any proposal to abolish the Dublin Fever Hospital Board. I accept that it may have been, as indeed the documents seem to show, included in some of the documents before me but it never had my approval. So far as I was concerned, I would have felt that the Dublin Fever Hospital Board and those associated with it would continue to play an important part in the health services as persons doing it from a charitable motive and under a voluntary dispensation.

I am happy, now that this matter has been raised in relation to the section of the Bill, that the objections which were voiced here by me and by others have been met, as they have been met by the Minister, in such a handsome way, and I hope that as a result the Minister will continue to have what every Minister for Health should have, the ready support in improving health services of this charitable kind of people who wish to help in a constructive way.

I am grateful to Deputy O'Higgins for the detail with which he has outlined his position in regard to Cherry Orchard, the Dublin Fever Hospital. When this matter arose on the Second Stage of the Bill I made a remark which I felt I was justified in making, on the records as they appeared to me. I read the words; I did not know what the intention behind them may have been or what reservations attached to them. In any event, in the whole context of this Bill the position of the Dublin Fever Hospital Board is a mere detail which I am glad to say has been settled satisfactorily. My only concern, when I mentioned this matter, was to ensure that nobody would feel that I had wilfully misled the House. I think it will be understood that whatever I may have said in relation to the policy of my successors as Ministers for Health I did not deliberately try to mislead the House and that I was speaking in good faith.

That is accepted.

That is all I want to say on that point. I must also say this. I think I should say it in fairness to my predecessors. This has been a very knotty problem which has engaged the attention of at least three Ministers for Health including myself. The Bill is now going through and I think it has been received very sympathetically and with a great deal of understanding on the part of the House. I feel that a great deal of the credit for the comparatively smooth passage of the Bill is due to my predecessors one of whom blazed the trail and the other broke the ground. I hope that when we have disposed of amendments Nos. 2, 3 and 5 and No. 4 that the House will be able to give me the Fifth Stage of the Bill today.

Amendment agreed to.

I move amendment No. 3:

In page 13, to add the following subsections to section 15:

"(7) (a) There shall be established a committee to advise the Dublin Health Authority on matters relating to the Hospital.

(b) The advisory committee shall consist of seven members nominated by the Electorate and seven members nominated by the Dublin Health Authority. Of the members nominated by the Dublin Health Authority, not less than four shall, notwithstanding anything in any other Act, be members of that Authority.

(c) (i) Nominations to the advisory committee shall be made as soon as may be after the establishment of the Dublin Health Authority and after each quinquennial appointment of members of that Authority.

(ii) A casual vacancy among the members of the advisory committee nominated by the Electorate may be filled by nomination by the Electorate.

(iii) A casual vacancy among the members of the advisory committee nominated by the Dublin Health Authority may be filled by nomination by that Authority.

(d) (i) Every person nominated to be a member of the advisory committee shall, subject to the subsequent subparagraphs of this paragraph and unless he sooner dies, hold office as such member until the day after his successor is nominated.

(ii) Where a person nominated by the Dublin Health Authority to be a member of the advisory committee ceases to be, or is disqualified for being, a member of that Authority, he shall cease to be a member of the advisory committee.

(iii) A member of the advisory committee may resign by giving notice in writing, signed by him, to the person acting as secretary to the committee, but the resignation shall not become effective until the meeting of the committee held next after the receipt of the notice given to the person acting as secretary to the committee.

(e) The advisory committee may elect their own chairman and regulate their own procedure.

(f) (i) The Chief Executive Officer of the Dublin Health Authority shall, so far as is not inconsistent with the due performance of his duties, attend such meetings of the advisory committee as that committee may request him to attend or as he may wish to attend.

(ii) The Chief Executive Officer of the Dublin Health Authority shall make available for inspection by members of the advisory committee copies of such of the orders of the Dublin Health Authority as relate specifically to the Hospital.

(g) Section 2 of the City and County Management (Amendment) Act, 1955, shall, with respect to functions as performable in relation specifically to the Hospital and with respect to works (other than works of maintenance or repair) propose to be undertaken at the Hospital and expenditure in connection with any such works, apply to the advisory committee as well as to the Dublin Health Authority.

(h) The advisory committee may request the Dublin Health Authority to direct that any works proposed to be undertaken at the Hospital (not being works which the Dublin Health Authority are required by or under statute or by order of a court to undertake) shall not be undertaken, and where on such a request the Dublin Health Authority by resolution direct that the works to which the request relates shall not be undertaken, those works shall not be undertaken.

(8) (a) The Electorate shall by virtue of this paragraph, become a body corporate with perpetual succession and a common seal which shall be judicially noticed.

(b) The Electorate shall make the income from the reserved property (including any property for the time being representing that property) available for expenditure for such purposes in connection with the Hospital as may be agreed upon between the advisory committee and the Dublin Health Authority.

(c) The Electorate may, at a meeting which, at any time after the expiration of one year from the establishment of the Dublin Health Authority, is specially called for the purpose, decide, by resolution for which not less than eight of the members of the Electorate vote, to cancel their nomination of members of the advisory committee.

(d) Where a resolution is passed in accordance with the foregoing paragraph—

(i) the advisory committee shall cease to exist,

(ii) the Electorate may use so much of the reserved property (including any property for the time being representing that property) as is held by the Electorate and all income from the reserved property (including as aforesaid) for any charitable purposes which may be chosen by them and approved of by the Commissioners of Charitable Donations and Bequests in Ireland or for any public purposes which may be so chosen and approved of by the High Court.

(e) If, at any time within the period of fifty years beginning on the establishment of the Dublin Health Authority, that Authority dispose of the Institution by way of sale, otherwise than to an authority who undertake that it will not be used otherwise than for a public purpose, the Dublin Health Authority shall pay to the Electorate—

(i) the proceeds of the sale, less a sum in respect of any improvements made to the Institution by the Dublin Board of Assistance or the Dublin Health Authority agreed with the Electorate or, in the absence of agreement, determined by arbitration,

or

(ii) £30,000,

whichever is the less, and any amount so paid shall, for the purposes of this section, form part of the reserved property.

(f) In applying section 83 of the Local Government Act, 1946, in relation to the disposal of the Institution or any part thereof, that section shall have effect subject to the following modifications:

(i) the reference in paragraph (a) of subsection (1) to members of the local authority shall be construed as including a reference to the members of the advisory committee, and

(ii) ‘one month' shall be substituted for ‘ten clear days' in paragraph (b) of subsection (1).

(g) The advisory committee may, in relation to any proposal to dispose of the Institution or any part thereof, make such representations as they think fit to the Dublin Health Authority or the Minister.

(h) Any income of the Dublin Fever Hospital Board from the reserved property which was received on or after the day of the passing of this Act and before the day of the establishment of the Dublin Health Authority shall, on such establishment, be paid to the Electorate and shall then be regarded as income of the Electorate from the reserved property.

(9) In this section—

‘the advisory committee' means the committee established under paragraph (a) of subsection (7) of this section;

‘the Electorate' means the Dublin Fever Hospital Board (Extraordinary Members) Electorate;

‘the Hospital' means Cherry Orchard Hospital, Dublin;

‘the Institution' means Brú Chaoimhín, Cork Street, Dublin;

‘the reserved property' means the property specified in the Fourth Schedule to this Act."

Amendment agreed to.

I move amendment No. 4:

In page 14, to add the following subsection to section 16:

"(8) All loan charges which, being in respect of money borrowed for the purposes of property transferred by subsection (2) of this section to a health authority established by this Act, become payable after the establishment shall be payable by the health authority."

Under Section 16 of the Bill, which was inserted as an amendment on the Committee Stage, all property, including hospitals and other institutions at present belonging to county councils and city corporations who will appoint new health authorities, will be transferred to these authorities. A deputation from Cork County Council which I received in January this year raised the question of outstanding liabilities for loan charges on institutions transferred under this amendment and suggested that it would be appropriate that the liabilities for such loan charges should be transferred with these institutions. I think that is a sound principle and I have introduced amendment 4 accordingly.

Amendment agreed to.

I move amendment No. 5:

In page 32, to insert the following Schedule after the Third Schedule:

"FOURTH SCHEDULE.

Reserved Property.

Part I.

Property vested in the Dublin Fever Hospital Board.

The hereditaments and premises demised by an Indenture of Lease dated the 26th day of February, 1936, made between the Right Honourable Reginald Earl of Pembroke and Montgomery of the first part, the Right Honourable Sidney Charles Herbert of the second part and The House of Recovery and Fever Hospital Cork Street Dublin of the third part and therein described as ‘All and Singular that piece or plot of ground situate in the Parish of Saint Peter and City of Dublin measuring in front to Baggot Street Lower twenty three feet one inch in breadth in the rere twenty two feet six inches and in depth from front to rere on the North West side one hundred and sixty feet six inches and on the South East side one hundred and sixty feet two inches be the said several admeasurements more or less bounded on the South West by Baggot Street Lower aforesaid on the North East by James' Lane and on the North West and South East by other parts of the said holding of William Bush Lessee with the messuage and buildings erected thereon and known as number 51 Baggot Street Lower which said premises are shown on the plan annexed to these presents and thereon edged with red And also the cellars connected with the said premises so far as the lessor has power to grant the same but not further or otherwise'.

The hereditaments and premises demised by an Indenture of Lease dated the 31st day of December, 1941, made between the Dublin Fever Hospital of Cork Street in the City of Dublin of the one part and Philip Ryan of the other part and therein described as ‘All that and those that plot or piece of ground situate in the Parish of Saint Peter and city of Dublin measuring in front to East James's Street fortyfour feet one inch in breadth in the rere forty-one feet eleven inches and in depth from front to rere on the North East side twenty-six feet three inches and on the South West to Baggot Street Lower fourteen feet eight and one-half inches be the said several admeasurements more or less bounded on the North West by East James's Street aforesaid on the North East by premises in the occupation of the Lessor on the South East by the holding of James Daly Lessee and on the South West by Baggot Street Lower aforesaid with the messuages and buildings erected thereon and known as Number one East James's Street which said premises are shown on the plan annexed to these presents and thereon edged with red and also the cellars underneath the premises Numbers 1 and 2 East James Street aforesaid as coloured blue on the said map so far as the Lessors have the power to grant same but not further or otherwise and also the staircase formerly being part of Number 2 East James Street, but which has been cut off from Number 2 East James Street many years ago as the same has been enjoyed by the occupier of Number 1 East James Street for many years past as coloured yellow on the said map'.

£1,049 C.I.E. Transport Stock, 1975/85.

£1,200 4% Pim Bros. Debentures.

£4,300 3½% Rathmines and Rathgar Stock.

£7,408 13s. 3½% War Loan.

£100 4% Dublin South City Market Debentures.

£1,152 13s. 6d. 3½% Exchequer Bonds, 1965/70.

£3,650 4½% National Loan, 1973/ 78.

£10,968 5¼% National Development Loan.

£19,024 12s. 2d. 6% National Loan, 1967.

£3,154 6s. 8d. 3¼% National Security Loan, 1956/61.

£1,821 4% Land Bonds.

Cash: £2,057 17s. 4d.

Part II.

Property not vested in the Dublin Fever Hospital Board.

£812 15s. 9d. 3½% Exchequer Bonds 1965/70 and £277 2s. 0d. Bank of Ireland Stock held by the Commissioners of Charitable Donations and Bequests in Ireland by reference to the will of Daniel Mulligan, deceased.

£358 14s. 4d. 4¼% National Loan, 1975/80 and £41 19s. 1d. 3½% Exchequer Bonds 1965/70, held by the Commissioners of Charitable Donations and Bequests in Ireland by reference to the will of Dame Elizabeth Hutchinson, deceased.

£500 Bank of Ireland Stock held by the Accountant of the Courts of Justice by reference to the will of Hugh Blayney, deceased.

The undivided share, of the property held by the trustees acting pursuant to the will of George Burroughs, deceased, by reference to which the rent charge of £27 13s. 10d. is paid to the Dublin Fever Hospital Board."

Amendment agreed to.
Bill, as amended, received for final consideration.

Deputies from Cork and Waterford would prefer that the next Stage should not be taken today.

If there are any objections I should not mind postponing it but it has been a long time in incubation and I would like to see the Bill emerge from the egg. However, if Deputy Corish feels we should postpone it——

I must say I have no personal objection but some of the Cork and Waterford Deputies feel it should be postponed.

Fifth Stage ordered for Tuesday, 8th March, 1960.