I move that the Committee agree with the Seanad in amendment No. 1:—
SECTION 14.
In page 6, the word "two" in line 39 deleted and the word "three" substituted.
This amendment changes the minimum quorum of the board from two to three.
Turf Development Bill, 1945—From the Seanad.
The Dáil went into Committee to consider amendments from the Seanad.
Question put, and agreed to.
I move that the Committee agree with the Seanad in amendment No. 2:—
SECTION 17.
In page 7, at the end of the section, after line 20, the following sub-section added:—
(2) In case the board in the performance of the duties referred to in paragraph (d) of sub-section (1) of this section, interferes, without complying with the provisions of Section 31 of this Act, with any land or any easement, wayleave, water-right or other right existing over or in respect of any land or water, the person having estates or interests therein, or the owner thereof, may maintain an action for damages against the board as if the board were not acting pursuant to a statute.
The Turf Bill, as the House will remember, gives the board powers of compulsory acquisition of lands and power to interfere with rights subject to following a certain procedure and paying compensation to be determined by arbitration. It was pointed out in the Seanad that the board might possibly interfere with some rights otherwise than in accordance with that procedure, inadvertently, as it were, or might take action which would interfere with some of these rights, the interference not becoming apparent for some years after the action was taken. An ordinary person so affected would have a right of action in the courts but a body acting under statute would not be liable for damages in such cases unless it could be shown that there was negligence or carelessness. The effect of this amendment is to put the board in the same position as an ordinary person, to give a party whose rights are interfered with by the board the same right of action against the board as if the board were a private person not acting under the statute.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 3:—
SECTION 22.
In sub-section (4), lines 8, 9 and 10 in page 9 deleted and the following words substituted:—
"suffered or likely to be suffered by the canal undertaker by reason of the fact that traffic which would otherwise be carried by the canal undertaker by means of the inland waterway is thereafter carried or is likely to be carried over the bridge;".
This is a drafting amendment.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 4:—
In page 9, in line 56, after the word "permanent" the word "new" inserted.
This is also a drafting amendment.
Question put and agreed to.
Agreement with Seanad amendments Nos. 1,2,3 and 4 reported and agreed to.
Ordered: That the Seanad be notified accordingly.