Yesterday Senator Farren raised, on Sub-section (2) of Section 3, the position of a caretaker in premises acquired under this Bill by the Board of Works for the accommodation of the Civic Guard. There are two points of view on the matter; there is the strict administrative point of view, which recongnises only two parties to the transaction—the owner of the premises and the State, which, to meet a great public need, commandeered these premises for the time being. There is another point of view than the strict administrative angle, and in an attempt to meet that I have drafted an amendment which possibly the Senator may think fit to move. It is not proposed to give to the caretaker a legal right as against the State, but it is proposed to ask a discretionary power for the Minister for Home Affairs, where special circumstances seem to require it, to compensate a caretaker for disturbance. The amendment which I have drafted does not give a legal right to the caretaker and yet it leaves room for discretionary action where the circumstances seem fitting. It will run as follows:—"To add at the end of Sub-section (2) the following words, ‘and where any person being a caretaker was so put out of the occupation as aforesaid it shall be lawful for the Minister for Home Affairs, if in his opinion there are any special circumstances warranting his so doing, to authorise the payment to such person of such sum by way of compensation for disturbance as the Minister aforesaid shall, with the consent of the Minister for Finance, think proper.'" That would leave room for ex gratia grants where special circumstances seem to require it, and if the Senator will accept that it might possibly meet with the consent of the Seanad that he should move it as an amendment.
CIVIC GUARD (ACQUISITION OF PREMISES) BILL, 1923. - THIRD STAGE.
Sections 1 and 2 agreed to.
SECTION 3, SUB-SECTION 2.
"Whenever the Commissioners acquire any premises under this Act any person (other than a caretaker) who was put out of occupation of such premises or any part thereof in order that the same might be used for the accommodation of members of the Civic Guard shall be entitled to reasonable compensation for disturbance, the amount of which shall, in default of agreement, be fixed by the Commissioners."
That just meets my point, and I have pleasure in moving this amendment, as drawn by the Minister for Home Affairs. There may be cases of individual hardship, and I am satisfied that under the amendment the machinery will be there to give whatever compensation is required.
Amendment put and agreed to.
Motion made and question put:—
"That Section 3 as amended stand part of the Bill."
Agreed.
Sections 4, 5, 6 and 7 put and agreed to.
Motion made and question put:—
"That the Preamble stand part of the Bill."
Agreed.
Motion made and question put:—
"That the Bill as amended be reported to the Seanad."
Agreed.