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Dáil Éireann díospóireacht -
Wednesday, 15 Nov 1922

Vol. 1 No. 28

CEISTEANNA—QUESTIONS. - LOCAL AUTHORITIES AND COMPENSATION CLAIMS.

To ask the Minister for Finance if his attention has been drawn to the fact that the Recorder of Dublin has made it a practice in granting decrees for Criminal and Malicious Injury in respect of damages occurring within a mile of the County Boundary, to levy same in equal proportions in the County and the City of Dublin? And if, in view of the manifest injustice of levying on the County any portion of decrees for damage caused in the City, unless such damage is clearly traceable to residents of the County, he will bring in such amending legislation as may be necessary, sary, or do such other things, or take such other steps, as may be necessary, to ensure that the damage done within the jurisdiction of a local authority shall be borne only by that local authority?

On present information I am not prepared to say that the existing law in this matter results in substantial injustice such as would call for amendment. The matter appears essentially to be one which should be left as at present to the exercise of a reasonable discretion on the part of the Judge. The proposal made by the Deputy would not appear to provide an improvement, as it would have the effect of making the ratepayers of an area bear the entire charge for damage within the area even if committed by a person from outside the area. For instance, if damage were committed to property of Deputy Figgis, according to his proposal that charge would remain on the county, whereas I expect the Deputy would prefer it to be on the city.

It is really a question of where the damage would occur. As a supplementary question I desire to ask if there is anything in the present Act which would permit the Recorder to give the ruling that he has given, and to compel decisions that would restrict such apportionments as have been complained against legislative amendments would be necessary?

I do not quite understand the point in the question.

Then Deputy Figgis will put down the question for another day.

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