The resolution which I have down to propose is one asking the Dáil to sanction and approve of a Decree which was made by the Provisional Government a couple of days ago. That Decree was made necessary because of the fact that it was brought to our knowledge that certain people were proceeding in the Courts for the purpose of garnisheeing rates for debts due by Local Authorities. The members of the Dáil will remember that there was an Act passed by the British Parliament in 1920 which gave power to persons who had obtained Decrees for Malicious Injuries "irrespective of the amount recovered, be removed to the High Court on certiorari under Section nine of the Civil Bill Courts Procedure Amendment Act (Ireland), 1864, and any rates payable by any ratepayer to the Council may, as well as any other debts due to the Council, be attached to answer the amount recovered by the decree when so removed, together with the costs of or incidental to the proceedings in the High Court, including the costs of the removal.” That Act was a war measure, a Penal Act, designed not so much to recover costs for the people, to recover damages, or the amounts for people who had obtained these decrees, but for the purpose of crippling the entire machinery of Local Government. The powers given in that Act were not much availed of. Some people were afraid to avail of them, others had a degree of decency which prevented them availing of them. Now if any considerable number of people were to take advantage of the changed circumstances to proceed under this Act to recover from the ratepayers the amount of rates due, and were to take from the treasurer the money coming to the County Council, the results would be serious. The position of the local bodies is pretty bad on account of the difficulty of recovering rates. If the penal powers given in this British Act of 1920 were used against the Councils, undoubtedly the whole machinery would be thrown into chaos. The Provisional Government in pursuance of the general powers given it under the Treaty has restricted the application of the Criminal and Malicious Injuries Act, and for the purpose of giving further sanction to that decree, has intimated to any people who might have proceeded under this section, that they will be compelled to disgorge. If they were successful in mulcting the local bodies in this way, we ask the local bodies to give sanction and approval to this decree. I do not think the matter is one about which there can be a great deal of controversy. As the President explained, the local bodies strike rates and estimates, and if people were to be allowed to come in under this Penal Law passed in 1920, and seize the rates levied, financial confusion would result. In the present circumstances if such a thing were to happen the local government would go to pieces altogether. It is necessary the Government should take all the steps in its power to prevent such a thing occurring.
CRIMINAL INJURIES - THE DECREE.
|
REACHT Uimh. 10, 1922. |
Decree No. 10, 1922. |
|
REACHT chun teora do chur le feidhm chomhachta airithe fén Acht um Dhiobháil Choiriúil (Eirinn) 1920. |
“A Decree to restrict the application of certain powers under the Criminal Injuries (Ireland) Act, 1920. |
|
(3adh Deire Foghmhair, 1922). |
(3rd October, 1922). |
|
DINIMID-NE an Rialtas Sealadach do bunuigheadh go cuibhe do réir choiniollacha an Chonnartha idir Shasana agus Eire do sighnigheadh i Lundain ar an 6adh lá de Mhí na Nodlag 1921 de bhrí agus de bhuadh na gcomhacht agus na n-údarás a chuireann so n-ár gcumas dinimid a reachtú agus a órdú mar leanas: |
We, the Provisional Government, duly constituted pursuant to the provisions of the Treaty between Great Britain and Ireland signed at London, on the 6th day of December, 1921, by virtue and force of all and every the powers and authorities us hereunto enabling do hereby decree and order as follows:— |
|
1. Ní féidir aon rataí atá le diol ag díoltóir rátai le haon Chomhairle Chontae ná aon fhiacha eile atá ag dul don Chomhairle do ghreamu mar dhíoluíocht ar an méid a fuaireadh le haon Ordú a dineadh i gcoinnibh na Comhairle mar chúiteamh ar Dhiobháil Choiriúil ná ar chostaisí aon imeachta chun aon Ordú dá shórt d'aistriú chun na hArd-Chúirte ná ar chostaistí a leanann aon imeachta dá sórt. |
“1. No rates payable by any ratepayer to any Co. Council may nor may any other debt due to the Council be attached to answer the amount recovered by any Decree made against the Council for compensation for Criminal Injuries or the costs of or incidental to any proceedings for removal of any such Decree to the High Court. |
|
2. Ní bheidh aon ús ar bith ag gabháil le haon Ordú a dineadh i gcoinnibh na Comhairle Contae i dtaobh cúitimh ar Dhíobháil Choiriúil pé'ca roimh no tar éis an Reachta so ná ní bheidh aon ús ag gabháil leis an méid a fuaireadh dá bhart. |
“2. No Decree made against the Co. Council whether before or after this Decree for compensation for criminal injuries shall nor shall the amount recovered thereby carry any interest whatever. |
|
3. Meid aon Orduithe do dineadh i gcoinnibh Comhairle Chontae fé aon cheann des na hachtanna a bhaineann le cúiteamh ar Dhíobháil Choiriúil, pé'ca roimh no tar éis dáta an Reachta so coisgtear anso ar Chisteoir gach Comhairle Chontae díol ar aon tslí ach amháin as pé airgead atá fé n-a smacht mar Chisteoir agus go bhfeadfai an díoluíocht san do dhéanamh leis le ceart sarar glacadh leis an Acht um Dhíobháil Choiriúil (Eirinn), 1920. |
“3. The treasurer of every Co. Council is hereby prohibited from paying the amount of any Decree made against a Co. Council whether before or after the date of this Decree under any of the enactments relative to compensation for criminal injuries otherwise than out of such monies under his control as such treasurer as would have been properly applicable to such payment before the passing of the Criminal Injuries (Ireland) Act, 1920. |
|
4. Féadfar an Reacht so do luadh chun gach críche mar Reacht an Rialtais Shealadaigh (Díobháil Choiriúil) Uimh. 10, 1922. |
4. This Decree may be cited for all purposes as the Provisional Government (Criminal Injuries) Decree No. 10, 1922.” |
MINISTER for LOCAL GOVERNMENT (Mr. E. Blythe)
I second the motion. One part of that may be misinterpreted. Lord Shaw's Commission is still in existence. As far as the people under that Commission are concerned, they still retain those rights.
Mr. T. JOHNSON
I am greatly relieved to hear the explanation of the Minister for Local Government, when I understand from him that this is a decree issued to meet an emergency, and that it was necessary to proceed before bringing this matter to the Dáil. I was afraid that it was one of those cases where the act was committed, and then permission to commit it was to be asked for afterwards. In the circumstances I can offer no objection to the motion.
The motion was carried.