I move amendment No. 19:—
In page 20, before Section 48, line 58, to insert the following new section:—
48.—(1) Whenever a harbour authority are authorised by a harbour works Order under Part VIII of the Harbours Act, 1946 (No. 9 of 1946) to construct or maintain the bridge—
(a) this Part of this Act (except Sections 49 and 51) shall have effect as if such harbour authority were a road authority,
(b) sub-section (1) of Section 45 of this Act shall have effect as if the expenses incurred by such harbour authority under the Harbours Act, 1946, in obtaining the harbour works Order were part of the expenses of the work.
(2) The Minister shall not by virtue of this section do any of the following things save with the consent of the Minister for Industry and Commerce, that is to say:—
(a) include in the bridge Order a direction under Section 42 of this Act to a harbour authority to execute the work;
(b) include in the bridge Order a requirement under sub-section (1) of Section 45 of this Act of a contribution to be made by a harbour authority;
(c) in a case where the application for the bridge Order is made by a road authority other than a harbour authority and is refused require under sub-section (2) of Section 41 of this Act a contribution to be made by a harbour authority;
(d) vary under sub-section (3) of Section 45 of this Act a contribution to be made by a harbour authority under sub-section (1) of the said section.
(3) In this section the expression "harbour authority" has the same meaning as in the Harbours Act, 1946.
Section 134 of the Harbours Act, 1946, empowers the Minister for Industry and Commerce to authorise harbour authorities to carry out certain works. The purpose of Section 134 is to obviate the need for Private Bills on each occasion on which it is desired that a harbour authority should carry out the work. The purpose of this new section is to make a harbour authority, that has been authorised to construct or maintain a bridge, a road authority for the purpose of Part IV of the Bill. An example of how the section will work can be found in connection with the proposed transporter bridge over the river Liffey. The Dublin Port and Docks (Bridges) Act, 1929, provided for the construction of this bridge by the Dublin Port and Docks Board. The cost of construction and portion of the cost of operation was to be borne by the local authority. The time in which the work was to be undertaken has expired. Under the new Harbours Act it is open to the Minister for Industry and Commerce to authorise the construction of such a bridge by the Dublin Port and Docks Board, but before this could be done Part IV of the Bill would have to be brought into operation in order that the financial contribution by the Dublin Corporation, which was at that time contemplated, could be made.
The purpose, therefore, of this amendment is to include harbour authorities among the authorities which can be consulted by the Minister for Local Government in connection with financial matters arising out of the construction of bridges; that is to say, that if the Minister for Industry and Commerce should permit a harbour authority to construct a bridge, a preliminary report can be obtained on the character of the bridge and the necessary inquiries held, just as though the harbour authority was a road authority, in order that the road authority and the harbour authority could combine and co-ordinate in respect of the financial contribution. In fact, this amendment could have been inserted during the Committee Stage if the Harbours Act had been passed and if we were fully aware of its implications.