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Dáil Éireann díospóireacht -
Friday, 20 May 1927

Vol. 19 No. 25

PUBLIC BUSINESS. - BARROW DRAINAGE BILL, 1927.—FROM THE SEANAD.

Section 2. A new sub-section inserted before sub-section (3) as follows:—
(3) In preparing the draft scheme the Commissioners shall have regard to the user of the River Barrow and the canals connecting therewith for the purpose of navigation and to the necessity of avoiding any permanent interference with or hindrance to such navigation.

I move that the amendment be agreed to. It imposes no new obligation on the Commissioners, for they would have done that in any event.

Question put and agreed to.
Section 6, sub-section (2). The words "they shall think proper" deleted in line 9 and the words "shall be directed by the Minister for Finance" substituted therefor.

I move that the amendment be agreed to. The effect of the amendment is to substitute the Minister for Finance for the Commissioners of Public Works as the authority for serving notices in connection with the procedure to be carried out in the event of an alteration of the scheme becoming necessary.

Question put and agreed to.
Section 8. Before sub-section (5) a new sub-section inserted as follows:—
"(5) When all the works to be executed under the scheme have been completed and before the draft award is published the Grand Canal Company may require that the compensation payable to them in respect of permanent injury to the navigation of the River Barrow and the canals connected therewith by the execution of the said works shall be assessed under this sub-section and if such requisition is so made the foregoing provisions of this section shall not apply to the assessment of such compensation and in lieu thereof the questions whether any permanent injury has been occasioned to the said navigation by the execution of the said works and whether any permanent benefit has been occasioned to the said navigation by the execution of the said works shall be referred to the arbitration of a competent engineer appointed by the Minister for Industry and Commerce and such engineer shall also determine whether any and, if any, how much compensation is payable to the Grand Canal Company in respect of such permanenet injury (if any) after taking into consideration such permanent benefit (if any). The costs of both parties of such arbitration shall be in the discretion of the said arbitrator."

I move that the amendment be agreed to. This prescribes the procedure to be adopted in the event of the Barrow navigation being interfered with, and it provides in that event that compensation shall be assessed by an engineer appointed by the Minister for Industry and Commerce.

Question put and agreed to.
Section 19, sub-section (4). The following words added at the end of the sub-section:—"and may at any time after the expiration of those years apply towards defraying the cost of the maintenance of the drainage works all or any part of those moneys then remaining uninvested in their hands."

I move that the amendment be agreed to. It allows the Barrow Drainage Board at the end of a period of 35 years to use any cash balance in their hands for the maintenance of works in the next year.

Question put and agreed to.
Section 19, sub-section (5). The words "and shall if so required by the said Minister" inserted before the word "realise" in line 1.

I move that the amendment be agreed to. It gives the Minister for Finance a little further control over the financial operations of the Barrow Board. The provisions of the Bill require them to invest money, and this enables them to realise investments when they think proper.

Question put and agreed to.
A new section inserted before section 28 as follows:—
"28.—(1) The Grand Canal Company may at the request of the Commissioners undertake any work in connection with the Barrow navigation which is provided for by the scheme.
(2) The cost of any work undertaken and completed by the Grand Canal Company at the request of the Commissioners under this section shall be paid by the Commissioners as part of the expenses of carrying out the scheme, and if any dispute or question arises between the Grand Canal Company and the Commissioners as to the amount of such cost such dispute or question shall be decided by the Minister for Industry and Commerce, whose decision shall be final and conclusive."

I move that the amendment be agreed to. This is permissive. It enables the Grand Canal Company, if asked by the Commissioners to carry out any work in connection with the Barrow navigation which may be regarded by them as suitable or convenient to do on the same lines as under the powers given to the Great Southern Railway Company by Section 27 of the Railways Act.

New Section. A new section inserted before Section 28, as follows:

"28.—If and in so far as the scheme provides for the diversion, removal, or other interference with any aqueduct carrying a canal or other navigable waterway the following provisions shall have effect, that is to say—

(a) the Commissioners shall at or before the completion of the work specified in the scheme either restore the aqueduct to its former condition or construct a new permanent aqueduct sufficient to carry the like amount (in quantity and character) of navigating traffic as the original aqueduct was able to carry and not substantially less convenient in gradient, curve, and depth than such original aqueduct;

(b) if any doubt, dispute, or question shall arise as to whether the Commissioners in the restoration or construction of an aqueduct pursuant to this section have complied with the provisions of this section, such doubt, dispute, or question shall be decided by the Minister for Industry and Commerce, whose decision shall be final and conclusive."

I move that the amendment be agreed to. It is introduced for the protection of the Grand Canal Company, and it makes provision for the possiblity of one of the aqueducts being interfered with.

Question put and agreed to.
Schedule. The words "fifteen members appointed as follows" deleted in paragraph 1, page 17, lines 37-38 and the words "the following members" substituted therefor.
Schedule. Lines 42, 43 and 44 deleted in paragraph 1, page 17, and the following substituted therefor:—
"If the aggregate amount payable in respect of the maintenance of the drainage works and in respect of the repayments of the advance by the Commissioners and the interest thereon by the Council of the County of Carlow in each of the thirty-five local financial years next after the 31st day of March following the date of the final award equals or exceeds the sum of £300, one member appointed by the said Council of the County of Carlow;
if the like aggregate amount payable by the Council of the County of Kilkenny in each of the said local financial years equals or exceeds the sum of £300, one member appointed by the said Council of the County of Kilkenny;
if the like aggregate amount payable by the Council of the County of Wicklow in each of the said local financial years equals or exceeds the sum of £300, one member appointed by the said Council of the County of Wicklow;
one member appointed by the Grand Canal Company."

I move that these amendments be agreed to. The first depends on the second, which alters somewhat the constitution of the Barrow Drainage Board. It gives one member to the Board of the Grand Canal Company, in consideration of the fact that part of the works which the Board will have to maintain is in the bed of the river owned by the Canal Company. It also provides that the Counties of Carlow, Kilkenny and Wicklow shall not have a member on the Board unless each pays a certain minimum price for repayment of the capital charge towards the maintenance, the amount being fixed at £300 a year. That includes contributions from the benefited lands and the county fund. As a matter of fact, the money qualification is less than the money qualification to be held by the representatives of the other counties.

Has any calculation been made as to the effect of this amendment on the representation of these counties on the Barrow Drainage Board?

If any one of these counties contributes £300 a year they will have one representative, and if they contribute less than that they will have none. At least one will contribute practically nothing, and it would be unfair to the other counties concerned that these particular counties should have over representation.

Question put and agreed to.
Amendment 9.—Schedule. Lines 42, 43 and 44 deleted in paragraph 1, page 17, and the following substituted therefor:—
"If the aggregate amount payable in respect of the maintenance of the drainage works and in respect of the repayments of the advance by the Commissioners and the interest thereon by the Council of the County of Carlow in each of the thirty-five local financial years next after the 31st day of March following the date of the final award equals or exceeds the sum of £300, one member appointed by the said Council of the County of Carlow;
if the like aggregate amount payable by the Council of the County of Kilkenny in each of the said local financial years equals or exceeds the sum of £300, one member appointed by the said Council of the County of Kilkenny;
if the like aggregate amount payable by the Council of the County of Wicklow in each of the said local financial years equals or exceeds the sum of £300, one member appointed by the said Council of the County of Wicklow;
one member appointed by the Grand Canal Company."
Amendment 10.—Schedule. After the word "member" in paragraph 3, page 17, line 51, the words "(if any)" inserted in brackets.
Amendments agreed to.
The Dáil went out of Committee.
Agreement with Seanad amendments reported.
Report agreed to.
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