Harbours (Regulation of Rates) Bill, 1933—Committee Stage.
Sections 1 and 2 agreed to.
SECTION 3.
Sub-section (3) Whenever the Minister has made or proposes to make, amend, or revoke a harbour rates order, the Minister may, if he so thinks fit, cause a public inquiry to be held in regard to the continuation, making, amendment, or revocation (as the case may be) of such order.
I move amendment 1:—
Section 3, sub-section (3). To delete in line 5 the words "has made or".
I think that the Minister is accepting this amendment. It is intended to give effect to the promise which he made in introducing the Bill, and which he has carried out in Section 5. As amended, the clause will read: "Whenever the Minister proposes to make, amend, or revoke a harbour rates order," he will, if he thinks fit, cause an inquiry to be held. As it stands the Bill states: "Whenever the Minister has made or proposes to make a harbour rates order." This amendment ensures that the inquiry will be held before the order is made.
I take it that the objection to the words in the Bill is the assumption that they might by implication give the Minister power, despite the terms of Section 5, to make a harbour rates order before notice of the intention to do so had been published. I do not think that the inclusion of the words in the Bill would carry that implication. In any event, there is no objection to their exclusion. I do not think that their exclusion will make any substantial difference. I accept the amendment.
Amendment agreed to.
Section 3, as amended, agreed to.
Section 4 agreed to.
SECTION 5.
(1) Whenever the Minister has made or proposes to make, amend or revoke a harbour rates order or an application is made to the Minister for the making, amendment, or revocation of a harbour rates order, the harbour authority of the harbour to which such order or proposed order or such application relates shall, if the Minister at his discretion so directs, publish at such time or times and in such manner as the Minister directs a notice containing such particulars as the Minister directs of such order, proposed order, or application, as the case may be.
(2) Every notice published by a harbour authority in pursuance of this section shall, if the Minister so directs, contain, in addition to the particulars mentioned in the foregoing sub-section of this section, directions to all persons interested as to the making of objections and representations to the Minister in respect of such order, proposed order, or application together with directions as to the time, manner, and place in which such objections and representations may be made.
I move amendment 2 on behalf of Senator Séumas Robinson.
Section 5, sub-section (1). To delete in line 37 the words "has made or".
Amendments 2 to 7 are consequential, and are designed to give effect to the suggestion made on Second Reading, which I undertook to have embodied in the Bill. Their main object is to make quite clear that the Minister cannot make a harbour rates order unless notice of the intention to make such order has been published and opportunity to make representations given to interested parties.
Amendment agreed to.
The following amendments were agreed to:—
3. Section 5, sub-section (1). To delete in line 39 the words "order or".—(Senator Séumas Robinson).
4. Section 5, sub-section (1). To delete in line 42 the words "order or" and also the words "as the case may be."—(Senator Séumas Robinson).
5. Section 5, sub-section (2). To delete in line 44 the words "if the Minister so directs."—(Senator Séumas Robinson.)
6. Section 5, sub-section (2). To delete in line 48 the word "order", where it first occurs, and also the words "or application."—(Senator Séumas Robinson.)
7. Section 5. To add at the end of the section a new sub-section as follows:—
(6) Whenever a harbour authority fails to publish any notice directed by the Minister to be published by them under this section or to comply with any other direction given to them by the Minister under this section, the Minister may, without prejudice to any other proceedings against such harbour authority, himself publish such notice or carry out and execute such direction and all expenses incurred by the Minister in so doing shall be borne by such harbour authority and such expenses shall be recoverable by the Minister from such harbour authority as a simple contract debt in any court of competent jurisdiction.—(Senator Séumas Robinson.)
Section 5, as amended, and Sections 6 to 13 inclusive, with the Title agreed to.
Bill reported with amendments. Report Stage fixed for Thursday, 14th December.
