Vol. 37 No. 8
I move:—
That the Limerick Gas Order, 1950, proposed to be made by the Minister for Industry and Commerce and laid in draft before Seanad Éireann on the 1st day of March, 1950, under subsection (4) of Section 10 of the Gas Regulation Act, 1920, be approved.
The Limerick Corporation have made an application to the Minister for Industry and Commerce under Section 10 of the Gas Regulation Act, 1920, and the Gas Regulation (Special Orders) Rules, 1940, for a Special Order to provide new plant and equipment as and when the need arises, with a view to the eventual replacement of the old works by a new installation on another site, and for this purpose to secure power to borrow a sum not exceeding £500,000; to extend the limits of supply of the undertaking from the present Borough of Limerick to the Borough of Limerick for the time being, together with such portions of the public health districts of Limerick and Clare not more than one mile from the city boundary; and for the modification of existing Acts and Orders.
Borrowing powers will be exercised only with the consent of the Minister for Local Government and will be subject to the provisions of the Local Government (Sanitary Services) Acts, 1878 to 1948, in relation to borrowing by a sanitary authority. The Minister for Local Government has already approved of the installation of auxiliary plant comprising 36 horizontal retorts, together with ancillary equipment and to the reconstruction of the existing ten vertical retorts. These proposals are estimated to cost £75,750. The work will commence shortly and when completed will result in an increase of gas output from 400,000 to over 1,000,000 cubic feet daily. An increase in output of this magnitude will render increased gas storage space essential. It is proposed, accordingly, to erect a new gas-holder of a minimum capacity of 1,250,000 cubic feet on the new site at Corkanree. The holder will cost about £70,000. The comprehensive plan which includes the new holder envisages the eventual erection on the Corkanree site of a new gasworks with a capacity of 2,000,000 cubic feet per day and the expenditure of a total of £500,000, which covers: general development; carbonising plant, including coal and coke handling plant, waste heat boilers etc.; ancillary plant; gas holders; gas mains, district governors, compressors, etc.; and consumers' meters and appliances.
This expenditure will necessitate an extension of the existing borrowing powers of the corporation. As these powers are subject to the consent of the Minister for Local Government, an inquiry was recently held, by Order of the Minister, in Limerick into the application for power to raise £500,000. The case for a development of this magnitude was made at the inquiry directed to be held by the Minister for Local Government. It was emphasised by the Limerick City Manager that the proposed extensions would be gradual, and that each step would be preceded by a proved increase in demand; and it will be necessary for the corporation to obtain the specific approval of the Minister for Local Government to each work or installation included in the total figure of £500,000.
The Order also provides that the revenues received from the gas undertaking shall be paid into the Municipal Fund, and that the expenses incurred by the corporation in production and management of the undertaking shall be defrayed from the Municipal Fund, subject to the condition that, as far as possible, the establishment charges in any year shall be defrayed out of revenue for that year. For the purpose of meeting any deficiency in the income of the undertaking or any extraordinary claim or demand made on the undertaking, it is proposed to establish and maintain a reserve fund amounting to £100,000.
The existing limit of supply is the present Borough of Limerick, and it is proposed to extend this limit of supply to the Borough of Limerick for the time being, together with those portions of the county health districts of Limerick and Clare for a mile from the boundary of Limerick for the time being. Power is also sought to provide and maintain dwellings for persons employed in the undertaking, as well as offices, showrooms and similar accommodation. The corporation also seek to secure power to refuse a supply of gas other than gas used for lighting or domestic use where, in the opinion of the corporation, the supply of such gas would interfere with a sufficiency of gas for lighting or domestic purposes. Authority is also sought to purchase, take or lease land not exceeding 21 acres.
The draft Order seeks to repeal Sections 22 and 23 of the Limerick Gas Act, 1878, and Section 40 of the same Act, as amended by Section 2 of the Limerick Gas Order, 1918. Section 22 of the Limerick Gas Act, 1878, empowers the corporation to maintain the existing gasworks at that time, while Section 23 limited the storage and manufacture of gas to certain lands mentioned in the Schedule of that Act. Section 40, as amended by the Limerick Gas Order, 1918, dealt with the revenues of the company and the establishment and maintenance of a reserve fund.
The Gas Regulation Act, 1920, altered the old and cumbersome procedure whereby statutory gas undertakers were obliged to secure their powers by way of Private Act, or a provisional Order confirmed by a special Act of Parliament, and provided instead that powers or additional powers could be procured by a special Order approved by a resolution of both Houses. The procedure, as laid down in the Gas Regulation (Special Orders) Rules, 1940, requires that the draft Order be prepared by the gas undertaking, and that full publicity of the intention to apply for the Order, and of the contents of the draft, be given by notices in Iris Oifigiúil and in local newspapers. Notification must also be given to the State, and to private interests involved, one month being allowed for the lodging of objections. Subsequent stages are dealt with in accordance with the Gas Regulation Act, 1920. If there are objections, an inquiry may be held, and after considering the report of the person who held the inquiry, the Minister may modify the draft before submission to the Oireachtas, or he may decline to submit the draft. When the draft Order was published in accordance with the rules, no objections were made by interested parties, and under these circumstances, no inquiry by an officer of my Department was necessary. The Minister for Local Government, as a result of the inquiry held by his officer relative to the proposed borrowing powers, is prepared to give his consent to the proposed borrowing.
The necessary resolution of approval has been passed by the Dáil, and I now submit the draft Order for the approval of the Seanad.
May I ask the Parliamentary Secretary whether there is any power granted for the compulsory acquisition of lands or entry on to lands in this? When I spoke earlier this evening on the rights of property owners, I was not thinking of the rich nobleman in his castle or the ancient planter in Tipperary or Fermanagh. I was thinking of a small cottage in the Upper Liffey Valley, a cottage of decent people, a cottage which is now engulfed in a reservoir. I was thinking of small suburban villas which have had their front or back gardens cut down to make way for roads. The Parliamentary Secretary was mistaken in thinking I was representing simply the landlord class, when speaking earlier.
Níor theastuigh uaim ach a rá go bhfuilimíd ar an taobh seo den tSeanaid lán tsásta an tOrdú seo a thabhairt don Rúnaí Parlaiminte. We agree that this issue be disposed of and we wish Limerick the best of luck in their venture.
I hope Senator Stanford did not misunderstand me. I appreciated his interest in both big and small; but in the past, the difference was that people acquired land without paying any compensation, whereas now compensation is paid, whether it is adequate or not. There is power taken in this to purchase, take or lease lands not exceeding 21 acres.
I understand that it is proposed to take the motion in the name of Senator R.M. Burke, the amendment in the name of Senator Martin O'Dwyer, and the motion in the name of Senator Counihan together as they concern very much the same thing except that the word "co-operative" occurs in No. 10 and not in No. 11. I take it that that will be agreed. Senator Counihan agrees.
Agreed.
