Paragraph 5 of that Schedule deals with the preparation of maps and I should like to know if it would be possible for the Minister to let me have a copy of the map?
Local Government Provisional Order Confirmation Bill, 1976 [Seanad] [Private Business]: Committee and Final Stages.
Sections 1 and 2 agreed to.
SCHEDULE
Question proposed: "That the Schedule be the Schedule to the Bill."
I can let the Deputy have a copy of the unofficial one. I will let him have the official one as soon as it is ready.
Paragraph 6 of this Schedule states that the county councils and the corporations may by agreement make any adjustment of property, debts, and liabilities which may be necessary because of the alteration of boundaries made by this order. Would the Minister explain that?
This is the normal provision inserted in boundary extensions enabling the authorities concerned to agree among themselves any necessary financial adjustments arising from the boundary extension. Such adjustments would typically arise in relation to property, including land, houses, office equipment and investments, liability and so on. Ideally, and hopefully, any such adjustment can or will be agreed between the authorities themselves and it is best that this matter be left entirely to the authorities for agreement. In any event the matter is so complex that it would be impossible to settle it by way of formula included in an order or legislation. Subparagraph (2), however, provides for the situation where the authorities cannot agree as to the financial adjustment as between themselves and in this event the Minister shall appoint an arbitrator to determine the actual adjustment. The normal practice is to appoint a person from the Local Government auditor division who would be very familiar with the detailed financial set up of local authorities as well as being in an independent position relative to local authorities and the Minister. Subparagraph (3) provides that every adjustment under the paragraph, whether agreed between the authorities or determined by an arbitrator appointed by the Minister, is final and conclusive and may be enforced by an authority against another.
Does this include compensation for loss of revenue?
No; there is no such provision. It is not legally possible.
Can the Minister leave out any reference to compensation by law?
It does not have to be included because there is no power to put it in and, therefore, there is no necessity for it.
While I am aware that paragraph 11 is not the responsibility of the Minister and that he can do nothing about it I should like to know if he is aware that local small traders are unhappy about the operation of that order?
I am aware that there is a lot of local dissension about this but it is not my bailiwick.
I appreciate that.
I just preserve the status quo.
Under paragraph 15, special provision for the purposes of the Valuation Acts, there would be no question of increasing the valuation of property being transferred?
Not because of the change of boundary, no.
Question put and agreed to.
Schedule agreed to.
Preamble agreed to.
Title agreed to.
Bill reported without amendment.
I move: "That the Bill do now pass."
I wish to thank Deputy Faulkner for the manner in which this measure has been dealt with. I regret that it was not possible to bring it before the House earlier. There were complications which prevented us from getting it here and eventually the Seanad had to be called for that purpose because it had to be entered in the Seanad first and this was the earliest date on which it could be accommodated. Deputy Faulkner I understand, and I myself, would prefer to have had it much earlier but this was not possible. I thank Deputy Faulkner for helping to get it through so quickly.
The Minister will appreciate that the reason I raised it was that the order appeared to be almost exactly similar to the Bill and the order was issued on 19th October.
But we had to have exact maps drawn and a good deal of detail had to be gone through before we could finalise the Bill for presentation to the House.
Question put and agreed to.
A message will be sent to the Seanad acquainting the Seanad that the Dáil has passed the Bill without amendment.