I move: "That the Bill be now read a Second Time."
Private Business. - The Limerick Markets Bill, 1989: Second Stage.
An Leas-Chathaoirleach
I would like to support this Bill which will amend the Limerick Markets Act, 1852. As a result the trustees are restricted from working as a viable unit in that they cannot raise their fees. It is proposed to amend section 30 of the principal Act of 1852. This market was set up in 1852 because there was no suitable place to sell agricultural produce in the Borough of Limerick. While there was not established in the said Borough at the time any type of sufficient market for the sale of live cattle, other livestock, dead pigs, corn, butter, hay etc. it was decided that the Limerick Market trustees be set up to provide premises to sell these commodities. At the time Limerick Corporation were responsible for administrating the Limerick Markets Act, 1852. In 1921 subsequent legislation was passed that Limerick Markets trustees be set up, which comprised nine members of Limerick County Council, nine members of Limerick Corporation and nine members of the chamber of commerce. They were still subject to the restrictions of the 1852 Act. They are in receivership over 90 years because of the restrictions of this Act.
This Bill proposes to amend sections of the Act, section 3 proposes to amend section 30 of the principal Act. The principal Act stipulates that pigs, butter, fish, fowl, eggs, potatoes, food, vegetables, hay and all such produce can be sold. The trustees consider it desirable that this Bill covers all such marketable commodities as the trustees shall decide from time to time. They consider this desirable having regard to the different market trends that exist nowadays, particularly having regard to the fact that supermarkets are selling food and vegetables in such large quantities that would never have been anticipated in the 19th century.
Section 4 proposes to repeal section 25 of the Act of 1852. The reason for seeking this amendment is primarily because the market trustees hold certain property which was purchased under the authority of the Act and, which as the law exists at present, they have power to sell if in their opinion the property is not necessary for the purposes of the Act. However, certain of the lands and property they own were not purchased under the authority of the Act but were handed over to the trustees by Limerick Corporation who would have been the previous owners and managers of the markets.
Under existing legislation, therefore, it could be argued that the trustees have power only to sell land they have acquired subsequent to the 1852 Act, and any land that has been transferred to them by the Corporation in the management and control of the markets they would not have power to sell. This section is purely to enable the trustees to sell any of their lands if they so wish and if, in their opinion, such land is surplus to their needs and would benefit the functions of the market trustees.
The powers of the trustees to collect tolls are extremely limited. Tolls are in Limerick Markets for a long time and the method of assessing these tolls is outdated. It is evident that the existing legislation provides that all produce supplied by retailers to the markets has to be assessed for the purpose of fixing the tolls to be charged. These tolls are outdated and the method of assessing them is too cumbersome. It is essential for the market trustees to enable them to continue as a viable commercial, non-profit making organisation to charge a realistic fee to allow the various members of the farming community and otherwise to sell their produce within the market area.
Section 6 entitles the market trustees to charge a proper rent for any property they own whether it is property they acquired subsequent to the Act or property transferred to them by the Corporation. The trustees would have power to rent whatever property they have for purposes other than what was laid down in the original Act for any viable benefit or for the promotion of agriculture or any other commodity which would be of benefit to the city, the community and the market trustees.
Section 7 repeals section 26 of the Act of 1852 and section 3 of the Act of 1862. These two sections enable the trustees to borrow sums of money up to £40,000. These two sections entitle the trustees to borrow at the rate of interest but not exceeding £5 per £100, that is 5 per cent. As Senators know, where can money be got at five per cent today? Nowhere. Clearly in modern commercial living it is not possible for the trustees to borrow any money at the rate stipulated in the present legislation. The hands of the trustees are very much tied by virtue of the fact that they are in a sense totally restricted from borrowing. Any proposition they would have for improving the markets, extending them or developing them in any way, would be very much restrictive on account of the virtual prohibition on borrowing funds.
Section 9 amends section 56 of the Act of 1852. The legislation as it stands obliges the markets to employ an auditor. The section stipulates that the auditor shall receive a reasonable remuneration not exceeding £2 every day he shall be fully employed in auditing any accounts under the Act. Again, this is totally impractical in this day and age and it is thought essential that this section of the Act be amended so that the market trustees can run their operation in an efficient and commercial manner and, indeed, in compliance with the legislation.
The House can understand the restrictions the Limerick Market trustees are operating under, this very outdated 1852 Act which was put on the Statute Book in Victorian times. There is definitely a need for change. I remember going into the market myself selling calves to people from the Acting Chairman's area in Roscommon or Leitrim. Now that has been sold and there are no calves being sold there. There was a total charged. The market trustees had to sell it because of the necessity for money, I believe Limerick Fire Brigade are there now. The Limerick Markets trustees still have property, and in order that they retain that property and in order that the Limerick Markets survive it is essential that this Bill be passed.
I hope the Acting Chairman will keep an eye on the time for me because I intend sharing the time with Senator Neville. Like the previous speaker, I welcome the Bill. We are dealing with the rather bizarre situation of something that has been in receivership for almost 100 years which qualifies it for entry into the Guinness Book of Records. As Senator Kiely said, the Limerick Markets trustees were set up under the Limerick Markets Act, 1852, so we are going back to Victorian times. He has outlined a situation and I do not wish to repeat it. The receivership ended in February 1988 and since then there has been no amending legislation other than the Act of 1921 which was passed for the purpose of updating the tolls.
Since the receivership terminated, the property and management of the Markets was handed back to the trustees. Amending legislation is essential for the survival of the Markets trustees and also because the Market area — those Senators who are familiar with the capital of the mid-west are aware of this — is in a very important centre and close to the commercial life of Limerick at the moment particularly in relation to urban renewal and the need for the Market trustees to have the power to dispose of an exceptionally valuable property.
The other day we were brought to a press reception which outlined a commercial development within the inner city. It was interesting and showed that Limerick is up and running as regards revitalising the commercial life of its inner city. There are two reasons for this Bill. First, there is the bizarre 100 years receivership and, secondly, because you cannot have such outdated legislation holding back exceptional development within the city.
It is interesting to look back at the tolls that were exacted on produce at the time. We know that the Act stipulated a list of commodities such as pigs, butter, fish, fowl, eggs, potatoes, fruit, vegetables, hay and so on. There is a greater availability of produce today and if you want vegetables you have the option of going either to markets or to supermarkets. It is obvious that there are different market trends 100 years later and that fruit and vegetables are being sold in commercial activities which would not have been anticipated in the 19th century.
Section 4 shows that the Markets trustees hold certain property purchased under the authority of the Act and which, as the law exists at present, they have power to sell, if in their opinion the property is not necessary for the purposes of the Act. However, certain of the lands and property which I referred to are in very valuable inner city locations and what they own was not purchased but was handed over to the trustees by Limerick Corporation which would have been the previous owners and managers of the Markets. Under the existing legislation it could be argued that the trustees have power only to sell land they acquired subsequent to the 1852 Act and that any land that was transferred to them by the corporation in the transfer of the management control of the Markets they would not have the power to sell. That section is there to enable the trustees to sell any of their land if they so wish, if in their opinion such land is surplus to their needs. I can tell the House that the property speculators are queueing up to acquire such land though it is being held back at the moment because of this Act. The tolls are archaic and the Markets Trustees, if they are to continue as a viable commercial but non-profit organisation, would need to charge a realistic price to allow the various members of the farming community to sell their produce within the Markets area.
Section 7 repeals section 34 of the Act of 1852, which is an extraordinary situation, where the trustees can borrow sums of money up to £40,000, which is a very small figure by today's standards. They can borrow at any rate of interest but not exceeding £5 per £100. That clearly belongs to another age. In modern commecial living it is not possible for them to borrow any money at the rate stipulated in the present legislation so their hands are tied.
Section 9 amends section 56 of the 1852 Act in which the auditor gets what was considered a reasonable remuneration not exceeding £2 every day he was fully employed. I would like to hear auditors comment in relation to £2 a day in view of their high qualifications. That is totally impracticable in this day and age. This section must be amended so that the Markets trustees can run their operation efficiently and commercially, and in compliance with the legislation. To put it in the context of the century to which it belongs, we are talking about tolls of 6d in old currency for every barrel of 280 pounds of wheat, rye, beans or peas — it is a pity we do not live at that period — hampers of eggs or other packages at 4d. We are talking about baskets of eggs at 3d. It is unbelievably bizarre to think this is still holding in the legislation of the Limerick Markets trustees. I hope this item will be completed this evening to ensure that Limerick can take its place in the commercial centre of the mid-west and that the Markets will expand as they should.
I welcome the opportunity to speak on this Bill which is very important to Limerick. I would like to thank the former Leader of the House, Senator Lanigan, for accepting my request last week to debate this because if it was not taken this week the Bill would have lapsed and we would not be in a position to process it into law. It is important for several reasons that the Markets in Limerick are maintained and updated to improve the commercial aspects of the town. This is complemented by the excellent urban renewal scheme which has changed the face of Limerick. I congratulate everybody involved in the urban renewal scheme, the corporation, Shannon Development and the Minister.
I am glad I went down there and turned it around.
I thank the Minister. The principal Act was set up in 1852 to manage the Markets in the city to sell pigs, butter, fish, fowl, eggs, potatoes, fruit, vegetables, hay and all such agricultural products. There was no silage those times. The position with regard to all those items has been changed and it is necessary now to extend the range of commodities that can be sold to develop the Markets. It went into receivership in 1898 because of insufficient income at the time and came out of receivership on 15 February 1988. No amending legislation has been made since 1921.
Section 3 allows the trustees to decide the extent of the marketable commodities, as it sees fit and desirable, thereby extending and allowing them to develop the Markets. Trends have changed since 1882 and supermarkets have changed the market in agricultural commodities. They have removed to a large extent from the markets items such as fruit and vegetables. Therefore, it is obvious that the Act of 1852 is totally out of date.
Section 4 repeals section 35 of the principal Act. The Markets trustees hold certain property which they have purchased and are entitled to sell that but they are not in a position to sell land which they obtained at the time from the corporation. This section will amend that and allow the trustees to sell any land they do not require for their needs.
Section 5 refers to tolls. Under the Acts of 1852, 1962, 1872 and 1921 the powers of the trustees are very limited. The system is outdated and cumbersome. To quote the tolls from an agricultural background: for every bull, steer, cow or heifer, one old shilling; for every calf not one year old, lamb, fat or weaned and goat, 6d; for every sheep, ewe, ram or hogget 6d; for every horse, mare, filly or yearling, two shillings; for every mule, one shilling and a donkey, 6d. Senators can see how outdated the Bill is and the need to update it.
Section 7 repeals section 34 of the principal Bill. The present Bill only allows them to borrow up to £40,000 at a rate of 5 per cent. That is totally outdated. The new Bill allows them to operate at commercial rates in order to borrow from the financial institutions to improve and extend the Markets.
I will deal briefly with section 9. This section stipulates that the auditor shall receive reasonable remuneration not exceeding £2 per day fully employed, again totally outdated. I would like to put down a marker here and maybe it would be considered on Committee Stage. I believe the Bill may be slightly defective in that it does not bring the Markets trustees under the ambit of the relevant Minister for audit purposes. I am not sure whether it is the Minister for the Environment as it would be in the case of a local council or the Minister for the Marine in relation to a harbour board. The Minister should be in a position to make orders regulating the accounts to be kept by the trustees.
I believe the Minister should also be in a position to order the form, number and description of the accounts, the manner in which they are kept, the period which the accounts are to cover and the publication of the accounts, which is very important in a public body. I also think that the accounts of the Markets trustees should be audited by an auditor or appointed by the Minister, in a similar fashion to that of a local authority.
It is important that this Bill goes through. I will ask, whoever is selected for the committee to have a brief look at that. I possibly will not because it may be against the law because there are members of Limerick County Council on it. As I am a member of Limerick County Council I would be seen to have a contract. As I come from Limerick west, I may be eligible to be on that committee. I would certainly like the opportunity to bring up that element of it and tease it out on Committee Stage.
Section 10 allows for all costs charges and expenses for the passing of this measure; in other words, the cost is borne by the trustees. This is why I was so anxious that the Bill would not lapse that the trustees would have spent anything up to £15,000 from their limited budget to date in bringing this Bill to this level. I ask for the tolerance of the House, to put the Bill through as quickly as possible and on Committee Stage to facilitate this matter. I have some time left and I ask the Chair to allow Senator Hourigan some time to speak on the Bill.
I want to remind the House there has been no agreement on time restriction.
We are very anxious to get the Second Stage through today.
Acting Chairman
I appreciate that.
I want to thank my colleague, Senator Neville, for giving me some of this time. I want to make a few remarks. I want, without qualification, to support totally the Bill, its aims and objectives. It is not necessary to go into the archaic aspects of the Bill and the level of toll for the various items of produce over the years.
As a person born and reared in the perimeter of Limerick city I am very familiar with the Limerick marketing scene. Quite honestly, it is rather ludicrous to observe the level of levy on the various commodities way back into the last century. As we know the Limerick Markets Trustees came into existence in 1852 and, as was stated earlier by one of my colleagues, went into receivership in 1898 and remained in that position, with one brief interlude, until 90 years later, 1988. There were, as indicated, very severe restrictions that made it impossible for Limerick Markets Trustees to operate in business fashion. They were restricted totally from borrowing since borrowing was restricted to 5 per cent and money is not to be found at that rate these days. They were restricted in many other areas as well. Therefore, the various proposals outlined in the Bill make it impossible for Limerick trustees committee to carry on business in a meaningful fashion in the nineties.
Reference was made to the changing face of Limerick. I would like to pay tribute to all concerned, the Government for their particular input into the major changes in Limerick in conjunction with the Limerick Corporation. It behoves us all to leave behind us this archaic system of toll collection, to look forward and to realise what it is possible to do.
I categorically and without qualification support this Bill. I thank the Acting Chairman for his indulgence. I also want to thank my colleague Senator Dan Neville for giving me the opportunity to speak.
Question put and agreed to.