The next item on the Orders of the Day is the second report of the Joint Committee on Private Bill Procedure. Senators will remember that a Committee was appointed from both Houses to go into the question of the Standing Orders for Private Bills, and to draw up a suitable code. That occupied a great deal of time and involved a good deal of attention. A fortnight ago the draft was ready and was submitted to both Houses. Certain suggestions were made, both here and in the Dáil, as to alterations and additions and I suggested here that, as the matter was so highly technical, it would be better if those suggestions were referred back to the Joint Committee, who would have the time and leisure to go into them fully. I find that the suggestion I made, which was adopted here, was subsequently made in the Dáil and adopted there. The result was that the Joint Committee met again about a week ago, and we had the advantage of the presence of Senator Sir John Griffiths, who made a number of suggestions. A good many of these suggestions were accepted by the Joint Committee, and are incorporated in the draft before you. We also had the advantage of suggestions in writing from Senator Barrington, who was not himself able to be present. We went through those seriatim, and some of them were adopted. Others we were not in a position to adopt. We have now completed our final draft, and it is for the Seanad to say whether it will adopt our report or not.
PRIVATE BILL PROCEDURE. - REPORT OF JOINT COMMITTEE.
AN CATHAOIRLEACH
A Chathaoirligh, I have read very carefully through the very voluminous and, generally speaking, admirable Standing Orders which you have drafted in relation to Private Bill Procedure, and I think the sooner these Orders are adopted the better. You have dealt with the procedure in regard to Private Bills in the Seanad from the Irish stand-point, and as far as I can judge your rules and regulations are made in accordance with Irish necessities and will lead, I trust, to an extensive Irish practice. I think it is important that this matter should be settled as soon as possible. It may be, as time goes on, that some of these Orders may have to be modified. We can only discover that by experience. Taking them all round, they are an admirable code, and the appendices are extremely good. The scale of fees is decidedly on the side of moderation, and the sooner we set to work to put our house in order in these matters of development, the better for the country. The sooner, too, we pass these Standing Orders, the sooner we will put some hope and cheer into that very meritorious profession in both branches—the Irish legal profession—which seem to be in somewhat despondent mood at present. I am very glad that we have had the advantage of the experience of Senators like Senator Barrington and Senator Sir John Griffiths, who know a good deal about this procedure. I think their advice and assistance in this matter are altogether to the good. If I be allowed to do so, I move that this Report be adopted.
I beg to second the motion.
Perhaps I would be allowed to intervene before the question is put. As there is a considerable amount of public interest taken in this matter, I would like to draw attention to the fact that, in addition to the proposals put forward by Senators Barrington and Griffith, the Committee also considered the question of the amount of the deposit required in the case of certain Bills. The result is that in the Report, which is now about to be adopted by the Seanad, they have very considerably reduced the cost. For instance, the deposit in the case of a very large corporation, reaching something like one million pounds, would be about half, or a little more than half, what would have been required on the other side under the old system. The Committee were pressed very hard to reduce that further, but I should like to take this opportunity to state that the question was very carefully considered by the Committee, and they felt that this was the maximum in the way of reduction which they would be justified in giving. The Committee had to consider, on the one hand, that every possible facility should be given to any company desiring to promote development in the Free State. On the other hand, they had to provide a safeguard for citizens of the Irish Free State whose property that company might wish to take. Therefore, they felt that the sum of £25,500, which is the reduced sum it will be necessary to deposit in the case of a company reaching a million pounds, was a reasonable amount, having regard to the two safeguards which were necessary.
I would like, also, to point out that under Appendix A there is a further reduction in the cost of Stages of Bills involving large amounts. In the case, again, of a company reaching a million pounds, the fees under this head would be £118, whereas for the corresponding Stages in the English House of Commons the cost would be about £260. As there was some public criticism on this question, I would like to point out that the normal procedure under these Standing Orders relating to Private Bills will mean that there will be only one Committee Stage, which will be a Committee Stage by both Houses. The Committee Stage will be taken by a Joint Committee of both Houses, and that should lead to very drastic and very considerable savings in the total cost. It is well known that, especially in the case of large concerns, the employment of Barristers under the old regime, and the sending of them across to London, where they would first have to appear before Committee of the House of Commons or House of Lords —whichever came first—and then before Committee of the other House, entailed very considerable expense. Here, except in very exceptional circumstances—except required by either House, which will be of extremely rare occurrence—there will be only one Committee Stage for Private Bills, and there will be a corresponding reduction in the cost. I emphasise these few points because I know that a great deal of public interest is taken in the matter. It is important, in my opinion, that it should be known that the Joint Committee has done everything it possibly could to reduce fees consistent with not making Private Bill business a charge upon the State.
AN CATHAOIRLEACH
The motion which has just been passed will dispose of the motion standing in the name of Senator Douglas, because what he was anxious to provide for was inserted in the report, and will be found in the Standing Orders.
I think it will still be necessary for me to move this motion. What we have provided in the Standing Orders, and what I seek in this motion are not exactly the same.
AN CATHAOIRLEACH
Do you move the motion?
Yes; I move:
"That during the current session the promoters of any Private Bill may publish the notice of intention required by Standing Order 8 during the months of December and January, instead of October and November, and that the dates for the deposit of plan and documents, the notice to owners, the deposit of copies of the Bill, and of petitions against the Bill shall be correspondingly altered."
I beg to second the motion.