Arterial Drainage Bill, 1944—From the Seanad.

Thursday, 22 February 1945

Dáil Éireann Debate
Vol. 96 No. 5

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The Dáil went into Committee to consider amendments from the Seanad.

An Ceann Comhairle: Information on Frank Fahy  Zoom on Frank Fahy  Will the Parliamentary Secretary state whether it is proposed to accept the amendments ?

Parliamentary Secretary to the Minister for Finance (Mr. Smith): Information on Patrick Smith  Zoom on Patrick Smith  Yes, all of them. I move that the Committee agree with the Seanad in amendment No. 1:—

In page 4, between lines 8 and 9, the following words inserted:—

the expression “reserved function” means—

(a) in the case of the corporation of a county borough, a reserved function for the purposes of the enactments relating to the [465] management of that county borough,

(b) in any other case, a reserved function for the purposes of the County Management Acts, 1940 and 1942;.

It is a definition of the expression “reserved function” for the purposes of amendments Nos. 3 and 8.

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 2:—

In sub-section (1), paragraph (b), the word “baronies” in line 32 deleted and the words “electoral divisions” substituted therefor.

In this amendment we are substituting “electoral divisions” for “baronies”.

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 3:—

At the end of the section the following new sub-section added:—

(3) The duty imposed on the council of a county by paragraph (b) of sub-section (2) of this section and the power conferred on the council of a county by paragraph (c) of the said sub-section (2) shall each be a reserved function.

This amendment makes the examination of schemes a matter for county councils as well as the sending of observations on these schemes.

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 4:—

In sub-section (4), paragraph (a), line 28, page 11, the words “one month” deleted and the words “two months” substituted therefor.

Nos. 4, 5, 6 and 7 are all interrelated. They provide that the copy of the notice to be published in Iris Oifigiúil in relation to the survey shall be sent to each county council.

Question put and agreed to.

[466]Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 5:—

In sub-section (4), before paragraph (b), the following new paragraph inserted:—

(b) simultaneously with or as soon as may be after the publication of the said notice in the Iris Oifigiúil, the Minister shall send to the council of every county in which the area or part of the area to which such scheme relates is situate a copy of the said notice;

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 6:—

In sub-section (4), paragraph (b) deleted and the following paragraph substituted instead:—

(c) the council of a county to whom a copy of the said notice has been so sent or any other person may, within two months after the date of the publication of the said notice in the Iris Oifigiúil, send to the Minister an objection in writing stating that such council or such person objects to the issue of the said certificate and the grounds of such objection;

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 7:—

In sub-section (4), paragraph (d), lines 41 and 42, the words “one month” deleted and the words “two months” substituted therefor.

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 8:—

In page 11, before sub-section (5), the following new sub-section inserted:—

(5) The power conferred on the council of a county by paragraph (c) of sub-section (4) of this section shall be a reserved function.

This is consequential on No. 3.

Question put and agreed to.

[467]Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 9:—

In sub-section (1), page 12, lines 2 to 18, inclusive, deleted, and the words “obligatory on the commissioners to acquire compulsorily any land, easement, fishery, water-right, navigation-right, or other right proposed in such drainage scheme to be so acquired in respect of which it appears to the commissioners in the course of carrying out such drainage scheme, that the acquisition of such land, easement, fishery, water-right, navigation-right or other right is not necessary for the purpose of such carrying out” substituted instead.

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 10:—

Before sub-section (3), page 12, a new sub-section inserted as follows:—

(3) It shall not be obligatory on the commissioners to make any interference with any land, easement, fishery, water-right, navigation-right, or other right or any road or bridge proposed in a drainage scheme to be compulsorily made in respect of which it appears to the commissioners, in the course of carrying out such drainage scheme, that such interference is not necessary for the purpose of such carrying out.

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 11:—

In sub-section (2), paragraph (a) deleted and the following paragraph substituted therefor:—

(a) the responsible council or the responsible councils of any such existing drainage district may, in their discretion, make such concession as they shall think proper in regard to the mode or time of payment of any arrears of drainage rate or drainage charge [468] owing to such council or councils on the appointed day;.

We relieve county councils of the power to remit rates.

Mr. Hughes: Information on James Hughes  Zoom on James Hughes  Why is that? Will the Parliamentary Secretary give any reason why he has changed his mind about that?

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  Because of the pressure brought to bear upon me in the other House and because of the way in which I was influenced by the arguments advanced as to the unwisdom of leaving this power with county councils.

Mr. Hughes: Information on James Hughes  Zoom on James Hughes  The Seanad distrusts the manager?

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 12:—

In sub-section (2), page 25, in line 3, before the word “for” the words “or under Section 46 of the Land Act, 1931 (No. 11 of 1931)” inserted; in lines 4 and 5 the words “or under the said section 45 for the repayment to the Public Trustee” deleted, and in lines 8 and 9 the words “or repaid to the Public Trustee” deleted.

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 13:—

Sub-section (1) deleted and the following sub-section substituted instead:—

(1) It shall not be lawful for any person (other than the Electricity Supply Board), without or otherwise than in accordance with the consent of the commissioners to erect, enlarge or alter any weir or other like construction in a watercourse where such erection, enlargement or alteration might cause flooding of any land unless—

(a) such erection, enlargement [469] or alteration is made in compliance with an Order made or a notice served by the Minister for Agriculture under the Fisheries Act, 1939 (No. 17 of 1939), or

(b) such land is in the occupation of such person, or

(c) such land is in the occupation of other persons who have assented to such erection, enlargement or alteration.

In Section 47 it has been made obligatory on all persons who erect any form of obstruction on a river to make application to the commissioners. We thought this would cause a good deal of confusion and annoyance and we are providing that such obstruction may be erected without any application whatever where the drainage done is confined to the owner's land, or to his neighbour's land, if he has obtained the prior consent of such neighbour.

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 14:—

In page 38, before sub-section (5) the following sub-section inserted:—

(5) Where the Minister confirms a by-law made under this section, notice of such confirmation shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the district in which the drainage works to which the by-law relates are situate.

This deals with publication in Iris Oifigiúil when the Minister confirms a by-law made under the section, and also its publication in papers circulating in the district to which the by-law relates.

Question put and agreed to.

Mr. Smith: Information on Patrick Smith  Zoom on Patrick Smith  I move that the Committee agree with the Seanad in amendment No. 15:—

Sub-section (3), page 38, deleted, and the following sub-section substituted instead:—

(3) If the automatic tidal sluice [470] or sluices at Clarecastle Bridge or the alternative safeguard in lieu thereof included in the works specified in Clause (D) of paragraph 2 of the Scheduled Consent has not or have not been provided at the date upon which the remaining works specified in that Clause and in Clause (F) of the said paragraph 2 have been completed—

(a) sub-section (2) of Section 5 of the Fergus Act shall have effect as if it enabled a separate certificate of completion to be given in accordance with that sub-section in respect of the works specified in the said Clauses (D) and (F) other than the provision of the said sluice, sluices or alternative safeguard and a separate certificate of completion to be given (whether by the same or a different engineer) in accordance with that sub-section at a subsequent date in respect of the provision of the said sluice, sluices or alternative safeguard,

(b) each certificate given by virtue of paragraph (a) of this sub-section shall be conclusive evidence for all purposes of the completion of the works specified therein in accordance with the Scheduled Consent,

(c) sub-section (2) of Section 6 of the Fergus Act shall have effect as if it enabled the order to be made by the commissioners amending Schedule B to the Final Award dated the 30th day of October, 1860, to be made on the completion of the new works other than the provision of the said sluice, sluices or alternative safeguard and a separate order to be made by the commissioners at a subsequent date further amending the said Schedule B by the addition thereto of the said sluice, sluices or alternative safeguard,

(d) sub-section (1) of Section 6 of the Fergus Act shall have effect from the making of the first order referred to in paragraph (c) of this sub-section until the making of the second order therein referred to as if the reference in that sub-section to the works specified in [471] Clauses (D) and (F) of paragraph 2 of the Scheduled Consent were a reference to those works other than the said sluice, sluices or alternative safeguard.

This covers the Fergus Drainage District. All the works provided in the schedule of consent, with the exception of the provision of certain sluices, have been completed, and as it will be some time before these can be obtained, or a suitable alternative provided, it is felt that the completed works should be transferred for maintenance to the Clare County Council without further delay.

Question put and agreed to.

Amendments Nos. 1 to 15, inclusive, agreed to.

Agreement with Seanad amendments reported and agreed to.

Ordered: That the Seanad be notified accordingly.


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