Senators will already be aware of the general purpose underlying this Bill, which is indicated in the Title, but it is necessary for me, in the first instance, to give a brief account of the circumstances which make the passing of this measure necessary. Before 1840, borough corporations received grants of property, particularly lands, frequently in return for services rendered to the national authority. They had very wide powers in regard to the disposal and use of such property. As a result of social changes and widespread abuses, they were converted into trustees by Act of Parliament in 1840. Thereafter, the use to which they could put funds became more and more limited and defined by statute. Senators will recall the legislation by which the granting of leases was strictly controlled through Acts of Parliament.
Local authorities that have come into existence in the past 100 years were in an unfavourable position in regard to the acquisition of property since, although they might acquire property either by agreement or compulsion, they might not acquire or administer gifts made to them. All such property must be administered according to several codes relating to public health, housing, etc. In particular, they have no powers to acquire property which can be administered apart from the ordinary revenues accruing from rates and grants from the Central Fund. Within recent years, public-spirited citizens have begun to take an increasing interest in the civic development of the localities with which their families are associated and several cases have arisen in which great difficulties have asserted themselves in enabling bequests for civic purposes to be administered for the benefit of the communities concerned.
Two cases of note may be briefly related. Mr. Daniel McGrath, who died in 1941, bequeathed over £48,000 for the benefit of Muinebeag citizens. The High Court on the application of Mr. McGrath's Trustees settled a scheme for the administration of certain charitable trusts and a second body of trustees known as the McGrath Memorial Trustees were appointed to assist and advise the trustees of the will. It was necessary to pass an Act in order to give effect to Mr. Daniel McGrath's intentions because of the limited powers accorded to local authorities, as already stated. The second example is that of a bequest by the late Sir John Arnott of the town of Bandon where the town commissioners were also trustees for the Bandon town park. Difficulties arose because the commissioners as a statutory body could not act as trustees. In fact in order that a local authority may take advantage of a gift by an individual, until this Bill is passed, it is necessary that a trust be formed with all the attendant complications and difficulties which that involves. There is a lack of public interest in charitable trusts of that kind and therefore, as I have said, up to now there has been difficulty in this matter.
It is a matter of pleasure to all of us that one of the greatest living Irishmen, Mr. George Bernard Shaw, proposed that a law should be enacted enabling public-spirited citizens to bequeath funds for the general civic improvement of any local authority. He pointed out that under present circumstances it was not possible for him to leave to Carlow Urban District Council a certain property which he owned there as the nucleus of a fund for the general improvement of the town, to which any citizen could contribute, and to which further bequests could be made by persons or companies who, in addition to being interested in charitable work, desired to associate themselves with the progress of the community in which they lived.
Mr. Shaw made it very clear that he was in no way in favour of a charitable trust, because of the attendant complications, and he pressed, to paraphrase his own words, that we should pass an Act enabling every Irish municipality to establish and administer a voluntary civic improvement fund open to all citizens who have property which they desire to give or bequeath to their country. The Carlow Urban District Council agreed with him.
The Government accepted Mr. Shaw's suggestion, and, indeed, since the Bill was introduced, it has become popularly known as the Shaw Bill. I should say in passing that we who have watched Mr. George Bernard Shaw since the days when he did more to arouse the social conscience of the English-speaking world than perhaps any other one individual, are delighted that he should be associated with a particular change in our local government organisation which should be an advantage to the Irish people in the future.
The Bill enables a local authority to accept gifts on the condition that it adopts a civic improvement scheme and inaugurates a civic improvement fund for this purpose. The administration of the funds will be under the direction of the local authority, and is for this purpose a reserve function. Revenues arising from bequeathed property or funds may be invested from time to time as considered desirable. It is for the High Court to decide whether a local authority can vary a particular scheme because of complications that may arise. It will be noted that in Section 2 a civic improvement scheme may be of a particular class, or if drawn up in general terms may cover a number of different schemes, all of which must be conducive to the welfare of the inhabitants concerned.
I feel sure that Senators will welcome this new power given to local authorities, as we are all aware that one of the great needs of the present day is the stimulation of civic pride throughout the land. Contributions both from the Exchequer and from the rates have reached such a high level that the ordinary revenues of a local authority must be largely applied to essential purposes, although in the organisation of libraries, vocational education and agricultural activities the field of local government has been extended for social and economic improvement.
I could give many examples of purposes to which voluntary contributions and civic improvements funds could be devoted. They would include memorial parks, scholarships for certain purposes, prizes for the advancement of agricultural competence, for the advancement of the Irish language or athletics, contributions towards the repertory theatre movement, the establishment of agricultural shows and for the creation of any amenities beautifying towns and villages; also, in Mr. Shaw's terms, experimental innovations, home modernisation and progressive work not likely to be otherwise undertaken.
The Bill in its present form is elastic in character and, as I have said before a civic improvement scheme may be of a general character or it may be confined to the establishment of a particular amenity arising from a special bequest. It is hoped that the effect of the Bill will be cumulative and that once a bequest is made encouragement will be given to other persons to give contributions in aid of a particular scheme. Provision is made in the Bill for publicising the existence of a civic improvements scheme in order that citizens will be reminded every year that they may add their contribution to the fund.
Another section of the Bill makes it clear that expenses in connection with publicity may be defrayed from the fund itself or, if necessary, can be defrayed out of the municipal fund poor rate, borough rate or the town rate, as the case may be, save in the case of vocational education and agricultural committees, where the cost must be defrayed out of the fund itself It is open to local authorities to defray the cost from the improvements fund in all cases that they so desire, but since the first bequest might be small it was felt desirable to enable such expenditure to become a charge on the rates. Vocational and agricultural committees, however, are not rate-raising powers, and in this case of necessity the fund must bear the cost.
A section of the Bill makes town commissioners who are not already a body corporate act in such a way for the purpose of administering a civic improvements fund. It will be recalled that similar powers have been given to town commissioners in connection with the acquisition of land for housing or other purposes. The Bill is comparatively straightforward and I recommend it with great enthusiasm to the members of the Seanad for Second Reading, because I believe that it is one more step in the advancement of local administration and it enables personal initiative to be associated with the work of local authorities. It enables both rich and poor to give contributions, large or small, towards any civic improvement fund that is established and to take a personal interest themselves or through a local authority in how the money is spent. I have great pleasure in recommending the Bill for Second Reading.
