Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Thursday, 17 Jul 1930

Vol. 35 No. 11

Local Government (Dublin) Bill, 1929—From the Seanad.

The Dáil went into Committee to consider amendments from the Seanad to the Local Government (Dublin) Bill, 1929.

I beg to move that the Committee agree with the Seanad in the following amendment:—

Section 1. Between lines 51 and 52, page 5, the following words be inserted: "the persons who, immediately before the appointed day, are performing the duties of the Council of the Urban District of Dalkey."

This amendment is consequential on the dissolution, since this Bill left the Dáil, of the Dalkey Urban District Council.

Amendment agreed to.

I move that the Committee agree with the Seanad in amendment No. 2:—

Section 1. The word "and" deleted in line 53, page 5, and before the word "described" the words "and other land" inserted.

This is consequential on amendment 37, which fixed the sea boundary of the new county borough at low water mark. Following the insertion of amendment 37, the words in the amendment are required.

Amendment agreed to.

I move that the Committee agree with the Seanad in amendment No. 3, which is consequential on amendment No. 1:

Section 3, sub-section (2). A new sub-section inserted before the sub-section as follows:—

"(2) The Dalkey Urban District Council (Dissolution) Order, 1930, whereby the Council of the Urban District of Dalkey was dissolved under Section 72 of the Act of 1925, shall remain in force until the appointed day and shall then cease to have effect, and thereupon the said Council shall be and thenceforward continue to be dissolved by virtue of the foregoing sub-section of this section and the Borough Corporation shall become and be the successor of the persons who, immediately before the appointed day, are performing the duties of the said Council."

Amendment agreed to.

I move that the Committee agree with the Seanad in amendment No. 4:—

Section 14. A new sub-section added at the end of the section as follows:—

"(2) Every person who is, immediately before the appointed day, an officer of a committee of an abolished body shall, for the purposes of this Act and in particular for the purposes of this section, be deemed to be an officer of such abolished body."

It is intended by this amendment to make more clear that officers of a committee acting under a local body will be transferred to the successor of the abolished body in the same way as the officers of the abolished body itself.

Amendment agreed to.

I move that the Committee agree with the Seanad in amendment No. 5:—

Section 19. Before sub-section (5) a new sub-section inserted as follows:—

"(5) An agreed adjustment may provide for the payment by the City Corporation to the County Council in one or more instalments or by way of annuity of a sum in respect of the loss of benefit which will be occasioned to the inhabitants of the County as a consequence of the extension of the boundaries of the City by this Act in the case of any benefit which is limited by a restriction on the amount in the pound of the rate which can be raised for the provision of such benefit and the following provisions shall have effect in regard to every sum the payment of which is provided for under this sub-section, that is to say—

(a) every payment received by the County Council in respect of any such sum shall be applied towards the provision of the benefit in respect of which it is paid, and

(b) no such sum shall be taken into account when calculating the amount in the pound which can be raised for providing the benefit in respect of which such sum is paid nor shall the payment of such sum restrict or affect the said amount in the pound."

Normally the increase in burden because of a change in area arises from an increase in rates. The present amendment is intended to secure that in such a case as a technical instruction committee or a library scheme where there is a limit to the rates that can be raised there shall not be a reduction in services arising in any particular area that would be equivalent to an increase of burden.

Amendment agreed to.

I move that the Committee agree with the Seanad in amendment No. 6, which reads:—

6. Section 20. A new sub-section added at the end of the section as follows:—

"(5) Every person who is immediately before the appointed day an officer or servant of a committee of the county council shall, for the purposes of this Act and in particular for the purposes of this section, be deemed to be an officer or servant (as the case may be) of the county council, and every person who is immediately before the appointed day an officer or servant of a committee of the Board of Health shall, for the purposes of this Act and in particular for the purposes of this section be deemed to be an officer or servant (as the case may be) of the Board of Health."

This is analogous to amendment No. 4 in respect of county councils and boards of health."

Amendment agreed to.

I move that the Committee agree with the Seanad in amendment No. 7:—

Section 34, sub-section (2). Lines 26-36 inclusive deleted and the following words substituted there-for:—"premises situate in the City or (until the appointed day) in an added urban district or (until the 1st day of April, 1931) in the added rural area and either

(a) such premises are valued under the Valuation Acts at not less than twenty pounds and are occupied by such individual, partnership, unincorporated association, or corporate body wholly for the purpose of carrying on therein any business, profession, trade, manufacture, or other commercial or industrial pursuit, or

(b) such premises are occupied by such individual, partnership, unincorporated association, or corporate body partly for the purpose aforesaid and the proportion of the valuation under the Valuation Acts of such premises which is fairly attributable to the part thereof so occupied is not less than twenty pounds."

It will be remembered that in connection with the commercial franchise the basis of the commercial franchise in the Bill, as it left this House, was occupation of premises of not less value than £20, occupied wholly or partly for the purpose of carrying on commerce or trade or industry. In the discussion of the matter in the Seanad a question arose as to whether a person residing in a house of £25 valuation, and using one of the rooms in the house for, say, dressmaking purposes, would be entitled to be put on the commercial register. Arising out of a general consideration of the matter, it was clear that we had to make the basis of the franchise, for the commercial register, firm. The present amendment proposes that the basis of the commercial franchise shall be occupation of premises of not less value than £20 and the carrying on of a business, profession or trade therein, whether the premises are wholly occupied or whether these premises of the value of £20 are simply part of another premises. The basis of the franchise would, under this amendment, be the occupation of premises whether they were wholly or separately rated premises or whether they were simply part of another premises, and the carrying on, in that premises, the valuation of which is not less than £20, of the particular trade or industry referred to here. It makes the valuation basis of the franchise firmer and it enables the widest possible discretion to be given to the deciding officer as to what trade or profession is to come in under this franchise.

We, on this side of the House, are quite definite and clear in our own minds that no amendment that the Minister would propose could in any way improve or make more acceptable the ambitious and vicious principle in this section of the Bill as originally drafted. But I should like to be clear what is the exact purpose of the amendment for which the Minister was responsible in the Seanad and which he is now putting before the House. It seems to me that one of the effects of it will be to prevent, or make it rather more difficult for those occupying the more lowly valued premises getting on this commercial register. The Minister has quoted the example of a dressmaker inhabiting a house of the valuation of £25. I think he had admitted that, if the section went through as it originally stood, she by the fact of that occupation would be entitled to go on that commercial register, but that the effect of this amendment will be that if she only occupies, say, one room out of six, that that room will be assessed on the total valuation of the premises at, say, £4 or £5 and that consequently she will not be entitled to get on the commercial register. We would like to be clear on that before we discuss the matter further. I am not sure, if that is the intention of the Minister, that this amendment will fulfil it.

I do not see any provision in this amendment limiting or defining, in any way, the portion of the premises in respect of which the qualification may be secured. If you take the case of a person, or society, or body, or partnership, or corporation, occupying anything like, say, five or six rooms and that each of these rooms is occupied partly for the carrying on of business or a profession, trade, manufacture or other commercial or industrial pursuit, and at the same time for some propaganda or organisation work carried on by the organisation, I do not know what the position would be. Suppose, for instance, you considered the case of an organisation of ex-servicemen occupying a building. In some of the rooms of that building a certain process of manufacture might be carried on, say, the making of poppies. At the same time in the same room there might be carried on relief work which possibly the organisation would have on hands. In a case like that I would ask the Minister to tell the House whether, by virtue of this amendment, that organisation would be entitled to go on the commercial register and, if so, in respect of what particular room?

The Minister seemed to indicate that he visualised the amendment operating in respect of one or two rooms or a number of rooms in a building, which rooms are definitely set apart for the carrying on of some sort of manufacture or profession or industrial pursuit, whereas so far as I can see from the amendment it contemplates nothing of the sort. It makes no segregation or delimitation of the area in which these pursuits are to be carried on. Industrial and commercial pursuits may be carried on in the same room. That room may have a total valuation of £50, and in that room there may be carried on propaganda work which could not be described as an industrial or commercial pursuit. I would like the Minister to tell the House whether the occupier of that room would go on the commercial register. The amendment seems to be drafted in such a way that it opens up endless loopholes for discussion and equivocation on the part of claimants to the commercial register and on the part of the registration officer. He is not bound in any way. It gives him a discretion which I think will be open to grave abuse in the circumstances in which this particular privileged franchise has been introduced to the local government legislation in this country.

Anything that I said about a room being used for a particular purpose was repeating the sort of suggestion that was made as to things that might occur in the Bill, as drafted, when it reached the Seanad. A person under this amendment can get on the commercial register if he can substantiate a claim that he is occupying premises for the purpose of carrying on therein any business, profession, trade, manufacture, or other commercial or industrial pursuit. If these premises, whether they are premises separately rated under the Valuation Acts or whether they are simply part of premises so rated, are rateable to the extent of not less than £20, and if the whole premises are occupied and the valuation lists show them to be of a valuation of less than £20, the position is clear from the valuation point of view. If a person claims that he is carrying on in part of a premises a particular class of business and he claims that part of the premises in which he is carrying on business is of not loss than £20 valuation, then the registration officer is called upon to verify, if necessary, if it is not prima facie clear, whether the premises in respect of the claim are of less than £20 valuation or not. In amendment 6 to the Electoral Bill, provision is made for the registration officer having these powers, but in so far as claims may arise on spurious grounds, whether these grounds may be those of valuation or the nature of the occupation carried on therein, the registration officer's machinery will be responsible, in so far as it can be made responsible, for seeing that spurious claims are not upheld. Before they pass the registration officer, it is open to anyone examining the lists and feeling that a claim is being illegally made, to lodge objections and have them gone into in the usual way.

The Minister has not dealt with the question as to whether, in effect, this is a narrowing of the register, and whether the effect of the amendment will be to reduce the number——

Surely the Deputy understands that if originally the arrangement was that the occupation of part of a premises rated at £20 or over gave a person a right to be on the register, you are narrowing the electorate when you make the basis of registration such that a person must occupy premises for those purposes, the valuation of which is not less than £20. There is a narrowing but a greater fixation of the basis of the franchise, so that while there may be left loopholes. about which the Deputy complains, for those who may wish to evade the law, many loopholes have been closed up by fixing, in a more satisfactory way, the valuation side of the qualification.

While, as I said in the beginning, we feel satisfied that nothing could actually make this proposal acceptable to the Party on this side of the House we might have been inclined to tolerate the amendment if it actually widened the commercial register and allowed some of the less privileged sections of the community to enjoy this franchise. The Minister has clarified the position for us. This amendment is designed to enhance the privilege which the original Bill conferred on the commercial electorate. It is an intensification of the evil which the Bill contained when it came first before the House. For that reason we must vote against the amendment which the Minister was responsible for introducing in the Seanad and for which he is responsible now in this House.

Question put.
The Committee divided: Tá, 65; Níl, 33.

  • Alton, Ernest Henry.
  • Beckett, James Walter.
  • Bennett, George Cecil.
  • Blythe, Ernest.
  • Bourke, Séamus A.
  • Brodrick, Seán.
  • Byrne, John Joseph.
  • Cole, John James.
  • Collins-O'Driscoll, Mrs. Margt.
  • Conlon, Martin.
  • Connolly, Michael P.
  • Cosgrave, William T.
  • Craig, Sir James.
  • Crowley, James.
  • Daly, John.
  • Davis, Michael.
  • Doherty, Eugene.
  • Dolan, James N.
  • Doyle, Peadar Seán.
  • Duggan, Edmund John.
  • Fitzgerald, Desmond.
  • Fitzgerald-Kenney, James.
  • Gorey, Denis J.
  • Haslett, Alexander.
  • Hassett, John J.
  • Heffernan, Michael R.
  • Hennigan, John.
  • Henry, Mark.
  • Hogan, Patrick (Galway).
  • Holohan, Richard.
  • Jordan, Michael.
  • Kelly, Patrick Michael.
  • Law, Hugh Alexander.
  • Leonard, Patrick.
  • Lynch, Finian.
  • Mathews, Arthur Patrick.
  • McDonogh, Martin.
  • MacEóin, Seán.
  • McFadden, Michael Og.
  • McGilligan, Patrick.
  • Mongan, Joseph W.
  • Mulcahy, Richard.
  • Murphy, James E.
  • Myles, James Sproule.
  • Nally, Martin Michael.
  • Nolan, John Thomas.
  • O'Connell, Richard.
  • O'Connor, Bartholomew.
  • O'Hanlon, John F.
  • O'Higgins, Thomas.
  • O'Leary, Daniel.
  • O'Reilly, John J.
  • O'Sullivan, Gearóid.
  • O'Sullivan, John Marcus.
  • Reynolds, Patrick.
  • Rice, Vincent.
  • Roddy, Martin.
  • Shaw, Patrick W.
  • Sheehy, Timothy (West Cork).
  • Thrift, William Edward.
  • Tierney, Michael.
  • Vaughan, Daniel.
  • White, Vincent Joseph.
  • Wolfe, George.
  • Wolfe, Jasper Travers.

Níl

  • Aiken, Frank.
  • Allen, Denis.
  • Anthony, Richard.
  • Boland, Gerald.
  • Boland, Patrick.
  • Brady, Seán.
  • Briscoe, Robert.
  • Buckley, Daniel.
  • Carty, Frank.
  • Cassidy, Archie J.
  • Clery, Michael.
  • Colohan, Hugh.
  • Corkery, Dan.
  • Corry, Martin John.
  • Crowley, Tadhg.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Geoghegan, James.
  • Gorry, Patrick J.
  • Goulding, John.
  • Jordan, Stephen.
  • Kennedy, Michael Joseph.
  • Kerlin, Frank.
  • Kilroy, Michael.
  • Little, Patrick John.
  • Maguire, Ben.
  • MacEntee, Seán.
  • Moore, Séamus.
  • O'Connell, Thomas J.
  • O'Dowd, Patrick Joseph.
  • Smith, Patrick.
  • Walsh, Richard.
  • Ward, Francis C.
Tellers: Tá Deputies Duggan and P.S. Doyle; Níl, Deputies Boland and Allen.
Question declared carried.

I move that the Committee agree with the Seanad in the following amendments:—

Section 35, sub-section (1). The words "under the Valuation Acts" deleted in line 65, and on page 21, lines 3 and 4, the words "under the said Acts" deleted.

Section 35. Before sub-section (2) a new sub-section inserted as follows:—

"(2) For the purposes of the foregoing sub-section of this section the value of any premises shall be taken to be

(a) where such premises are occupied by the rated occupier thereof wholly for the purpose of carrying on therein any business, profession, trade, manufacture, or other commercial or industrial pursuit, the valuation of such premises under the Valuation Acts, or

(b) where such premises are occupied by the rated occupier thereof partly for the purpose aforesaid, the proportion of the valuation under the Valuation Acts of such premises which is fairly attributable to the part thereof so occupied."

These amendments are consequential on amendment No. 7.

Would the Minister explain the purpose of deleting the words "under the Valuation Act" in line 65?

The general purpose of the amendments is that in so far as premises are fully occupied, then they are valued under the Valuation Acts. In so far as premises are partly occupied, what is valued under the Valuation Acts is the whole premises, and in some other way there has to be decided what is the suitable proportion of the valuation that is applicable to the premises that are actually occupied for trade purposes.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendment:—

Section 38, sub-section (1). The figure and words "1st day of July" deleted in line 8 and the figures and words "22nd day of June" substituted therefor.

This is a drafting amendment to secure that the new Lord Mayor will be elected by the incoming Council and not by the outgoing one.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendment:—

Section 63, sub-section (4). A new sub-section inserted before the sub-section as follows:—

"(4) Notwithstanding anything contained in Section 3 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), execution orders within the meaning of that Act in proceedings in the District Court for the recovery of moneys due in respect of the municipal rate shall, if the Court on the application of the person by whom such proceedings are brought so directs, be executed by such person."

Under the old Dublin Collection of Rates Act, there was power by which on the application of the rate collectors, when a case for non-payment of rates went before a justice, the justice could at his discretion give an enforcement order for the collection of rates to the collector to carry it out. There was that power in respect of the municipal rate but not in respect of other rates. We have amalgamated all the rates of the city and called it the new municipal rate. In sub-section (3) of Section 63, the law for the time being in relation to the making, assessment, levying etc., of the poor rate is applicable to the new municipal rate. Under these circumstances it would be no longer within the discretion of the justice to give an enforcement order to the collector. The city authorities have represented that it cheapens very much the collection of rates and simplifies generally the procedure. This amendment proposes to continue in the Dublin area the power by which, when a collector seeks an enforcement order from the courts for the collection of rates, an enforcement order at the discretion of the justice can be given to the collector. Otherwise, it would be given to the Civic Guards for £5 or under, and it would be given to the under-sheriff if over that.

Question put and agreed to.

I move: That the Committee agree with the Seanad in the following two amendments:—

Section 65. The following words added at the end of the section:—"but such charges shall be collected and recovered as part of the municipal rate."

Section 66, sub-section (1). After the word "Corporation" in line 16 the words "and collected and recovered as part of the municipal rate" inserted and after the word "Corporation" in line 18 the words "and collected and recovered as part of the municipal rate" added.

The first of these amendments secures the position of the collection of the contract water rate, which is, technically, not a rate at all, but except we put in this amendment we will not secure the machinery for its collection. The second amendment refers to the police rate, which is the only rate kept separate, for the reason that it is a vanishing rate. This amendment is necessary in order to secure that the police rate can be collected in the same way as the municipal rate.

Question put and agreed to.

I move: That the Committee agree with the Seanad in the following amendment:—

Section 72, sub-section (2). After the word "City" in line 19 the following words inserted: "which is not a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), and," and in lines 23 and 24 the words "the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928)" deleted and the words "that Act" substituted therefor.

Under a local Act the Dublin Council had powers by which, in respect of houses suitable for occupation by artisans and actually occupied by them, provided that the rates were paid by a certain time, and provided they submitted to certain control in respect of the repairs and sanitary arrangements of the dwellings, they could give a remission of one-fifth of the rates. The Rates on Small Dwellings Act gives power in respect of houses under a particular valuation which will now be £8 in the City of Dublin, by which, if the rates are paid before a particular day, the owner of these houses, not being an occupier, can get a reduction of one-tenth in his rates. The amendment is intended to secure that the old power that the Corporation had will be retained by them, and that in dwellings generally, whether they would normally come under the Small Dwellings Act or not, under which, automatically in certain circumstances, they would get a reduction of one-tenth, the Council is given power to bring in under its previous powers any house that they consider is suitable for an artisan, is occupied by an artisan, and that comes under the control that they desire in respect of repairs and sanitary arrangements. The Council has to consider the matter and to pass the necessary resolution by which the houses that come in under that control will get one-fifth remission of rates as against one-tenth remission of rates which all small dwellings get, whether they come in under the sanitary and repair control or not.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendments:—

Section 72, sub-section (2). Lines 26-29 inclusive deleted and the words "hereinafter mentioned" substituted therefor.

Section 72. A new sub-section added at the end of the section as follows:—

"(3) In the case of a hereditament or tenement in the city which, in the opinion of the City Council, is suitable for use as a dwelling for and is occupied by an artisan or a labourer and either is or is deemed by virtue of the foregoing sub-section of this section to be a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928, Section 10 of that Act shall be construed and have effect as if the expression ‘eight-tenths' was substituted for the expression ‘nine-tenths' in sub-section (1) thereof."

These amendments are consequential on the previous amendment.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendment:—

New section. Before Section 76 a new section inserted as follows:—

"76.— (1) The Council, by resolution passed under this section and for the passing of which not less than two-thirds of the members of the Council shall have voted, may authorise the expenditure by the Corporation of moneys on the decoration of the City for occasions of public rejoicing or for other appropriate occasions.

(2) Every resolution passed under this section shall specify the occasion for which the decoration of the City wholly or partly at the expense of the Corporation is to be authorised by such resolution and the amount which is to be expended by the Corporation on such decoration.

(3) Subject to the provisions of the next following sub-section the Corporation may expend moneys out of the Municipal Fund in accordance with and in so far as authorised by a resolution passed under this section but not otherwise.

(4) The aggregate amount of the expenditure of the Corporation for the purposes of this section in any local financial year shall not exceed a sum equivalent to a rate of one penny in the pound of the rateable valuation of the City."

The effect of this amendment is that where not less than two-thirds of the members of the Council decide that, because of a particular occasion of public rejoicing, or other such appropriate occasion, they desire the City to be decorated, they can specify a certain sum, not greater than the sum that would be raised by a penny rate, and expend it for that purpose.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendment:—

Section 88, sub-section (1). The sub-section deleted and the following new sub-section substituted therefor:—

"(1) The several areas of the Blackrock Urban District, the Dun Laoghaire Urban District, the Rathmines and Rathgar Urban District, the Pembroke Urban District and the several school attendance areas subsisting at the passing of this Act in the City shall until the 1st day of April, 1931, continue to be and shall then cease to be school attendance areas within the meaning of the School Attendance Act, 1926 (No. 17 of 1926) and on and after the 1st day of April, 1931, the City and the Borough shall respectively become and be school attendance areas within the meaning of that Act."

This amendment was inserted in order that certain arrangements that will be desirable for dealing with school attendance in the transition circumstances, can be attended to.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendments:—

Section 88, sub-section (2). The words "appointed day" deleted in line 53 and the figures and words "1st day of April, 1931," substituted therefor.

Section 88, sub-section (3). The words "appointed day" deleted in line 59 and the figures and words "1st day of April, 1931," substituted therefor.

Section 88. A new sub-section added at the end of the section as follows:—

"(4) A division of the City (including the added rural area) and the Borough respectively into two or more school attendance areas under sub-section (1) of Section 10 of the School Attendance Act, 1926, and the appointment of a school attendance committee under sub-section (3) of the said Section 10 for any school attendance area coterminous with or included in the City (including the added rural area) or the Borough may be made before the 1st day of April, 1931, to take effect on that day."

These three amendments are consequential.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendment:

Section 89. The words "is to come" deleted in line 65 and the word "came" substituted therefor.

This is a drafting amendment.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendment:—

Section 89. A new sub-section added at the end of the section as follows:—

"(2) The registration officer for the county shall, as soon as conveniently may be after the passing of this Act and before the day of election, so amend the said register of electors as to give effect to the foregoing sub-section of this section and the said register of electors as so amended shall for all purposes be the register of electors for the county in force until the 1st day of June, 1931."

This is consequential on the previous amendment.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendment:—

Section 95, sub-section (3). All after the word "separately" in line 42 deleted down to the end of the sub-section, and the following words substituted therefor:—"at the several places at which the City Corporation is, immediately before the appointed day, required by law to deliver water for use in the respective areas forming at the passing of this Act the coastal urban districts, but all water so delivered shall be deemed to be delivered for use in the Borough generally."

This is intended to secure that the present status quo as regards the points at which the County Borough will be required to deliver water to the Borough will be preserved.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendments:—

Section 101; sub-section (3). To delete the sub-section.

Section 101, sub-section (4). To delete the sub-section.

New section. Before Section 102 a new section inserted as follows:—

"102.—(1) Where it appears to the Minister that any local, personal or private Act or any order relating to the existing City or to either of the added urban districts and in force at the passing of this Act contains provisions which are inconsistent with or rendered unnecessary by or adequately replaced by provisions made by or under this Act, the Minister may by order declare that such provisions of such Act or order shall not apply in or in relation to the City, and upon such order being made the provisions specified therein of such Act or order shall not apply in or in relation to the City.

(2) Where it appears to the Minister that any local, personal or private Act or any order relating to any of the coastal urban districts and in force at the passing of this Act contains provisions which are inconsistent with or rendered unnecessary by or adequately replaced by provisions made by or under this Act, the Minister may by order declare that such provisions of such Act or order shall not apply in or in relation to the Borough, and upon such order being made the provisions specified therein of such Act or order shall not apply in or in relation to the Borough.

(3) No order made under this section shall come into force unless and until it has been laid before each House of the Oireachtas and has been approved by resolution of each such House."

These amendments were inserted by the Seanad with a view to getting, in their opinion, more effective control over orders issued by Ministers for the purpose of implementing legislation. These two sub-sections give the Minister power to adapt such Acts as exist to the new circumstances, and whether they are local Acts dealing with particular matters—for instance, a local Act dealing with a particular matter of the city, and another local Act dealing with some matter in one of the added urban districts—under these two sub-sections the Minister has power to issue an order extending to the whole city any one of these Acts that he considers most suitable for the city as a whole. An order so issued will come into force immediately, but may be annulled within twenty-one sitting days by a vote either of the Dáil or the Seanad, and it would under those circumstances cease to exist, without prejudice to anything that had been done in the meantime. The Seanad was of the opinion that where the issuing of such an order involved the repealing of any existing Act. whether it is a local or a general Act, or of any statutory order issued under such an Act, such repeal should not take place simply by a Ministerial order which had run the gauntlet of either House, sitting for twenty-one days, and it proposed that a Minister, having issued an order adapting to the city as a whole a private Act, or having issued a similar order with regard to the borough, that the order actually putting the new situation into force may come into effect right away. subject to running the gauntlet of both Houses for twenty-one days, but that a separate order must be issued in respect of any Act or order that as a consequence is to be repealed, and that there must be an explicit resolution passed by the Dáil and the Seanad before that order comes into force.

To a certain extent this arises on the general question as to the way in which Ministers, in issuing such orders, can best be controlled. From my own point of view I think there is no necessity for this amendment. I told the Seanad that I would accept it as a contribution from them to our general experience of how this matter can best be dealt with. I am asking the House to accept the amendment, which will mean that in certain circumstances the Minister must get a positive resolution from both Houses where an Act or an order is to be annulled. I do not put it to the Dáil as a necessary or even a desirable type of thing, except that it will give us a certain amount of experience of working in this particular way. From my point of view this is not a suitable occasion for discussing the whole matter of these orders.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendment:—

First Schedule. Part I. Inserted in its appropriate alphabetical position in that portion of Part I which relates to the South Dublin Rural District the name of the following townland and of the District Electoral Division in which it is situate, that is to say:—

"Name of Townland—Kimmage (parish of Crumlin).

District Electoral Division in which situate—Terenure."

This is a drafting amendment, arising out of the fact that there were found to be two townlands named Kimmage.

It is rather extraordinary for the Minister to introduce a Bill and not know to which townland it referred.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendments:—

First Schedule, Part II. The word "park" deleted in line 33, page 49, and the word "farm" substituted therefor.

First Schedule, Part II. After the word "rural" in line 60, page 50, the words "and the Rural District of North Dublin" inserted.

First Schedule, Part II. The word "eastern" deleted in line 25. page 51, and the word "western" substituted therefor.

These are drafting amendments.

Does the Minister not know whether east is east or west is west? If this had been a Fianna Fáil Bill we would have heard something about loose drafting.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendments:—

First Schedule, Part II. The word "Patrick" deleted in lines 26 and 29, page 51, and the word "William" substituted therefor in both places.

First Schedule, Part II. After the word "Kimmage" in line 35 and also in line 39, page 51, the words "(parish of Rathfarnham)" inserted in brackets.

First Schedule, Part II. Before the word "distance" in line 44, page 51, the word "further" in serted.

First Schedule, Part II. All after the word "Corporation" in line 45, page 51, deleted down to the end of the Schedule and the following words substituted there-for:—"Mill Stream where it joins the Townland boundary of the Townland of Kimmage (parish of Crumlin), thence easterly, northeasterly along the said Townland boundary to the junction of the Townland of Larkfield, thence northerly, southerly and westerly along the Townland boundary of Kimmage (parish of Rathfarnham) to the starting point."

These are drafting amendments.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendment:—

First Schedule, Part II. The following added at the end of the Schedule:—

"That portion of the Townland of Artane South in the District Electoral Division of Drumcondra Rural and the Rural District of North Dublin which lies to the South of the road from Donnycarney Bridge to Puckstown."

This takes in a very small new area.

Question put and agreed to.

I move that the Committee agree with the Seanad in the following amendment:—

First Schedule. A new Part III added at the end of the Schedule as follows:—

"PART III.

OTHER LAND.

All land lying between the boundary of the Existing City (where that boundary is or coincides with high water mark) and low water mark and also all land which is enclosed between the boundary of the Existing City and high water mark.

All land lying between the boundary of the urban district of Pembroke (where that boundary is or coincides with high water mark) and low water mark and also all land which is enclosed between the boundary of the urban district of Pembroke and high water mark.

All land lying between the boundary of the townlands and parts of townlands mentioned in Parts I and II of this Schedule (where that boundary is or coincides with high water mark) and low water mark and also all land which is enclosed between the boundary of the said townlands and parts of townlands and high water mark."

This fixes the seaward boundary of the new City at low water mark.

Question put and agreed to.
The Dáil went out of Committee.
Agreement with all the amendments made reported.
Question—"That the Dáil agree with the Committee in its report"— put and agreed to.
Barr
Roinn