Allen, DenisTuesday, 7 June 1949 |
Dáil Éireann Debate
Page of 47
|
Supplementary Estimates, 1949-50. - Vote 54—Gaeltacht Services.
Have you not compulsory powers?
Supplementary Estimates, 1949-50. - Local Authorities (Works) Bill, 1949—Committee (Resumed).
I would ask the Parliamentary Secretary to keep in mind when bringing in this amendment that there may be certain types of work carried out under the Bill which may take three or four years to complet...
That is an important matter. Then there is another matter. Damage to land is the only thing mentioned in the section. There are, however, certain other kinds of damage which could be done by carryin...
It does not cover everything on which work might be done.
Work carried out under Section 2 (3) may fall for compensation. In regard to other work, where the local authority protect their own property, that should not fall for compensation at all, in my opini...
I desire to call the attention of the Parliamentary Secretary to the fact that it is only land that the arbitrator can consider under this amendment. In the definition section of the Bill there are m...
The Parliamentary Secretary is proposing to let them arbitrate or bring before the district justice matters concerning land, but whether that covers all types of building is a matter for the legal peo...
What about buildings?
Under lands?
Is there any provision for an arbitrator?
It is quite obvious that this amendment is brought in as a deterrent, to prevent the private individual who may have a grievance, from going into court and properly making his claim there. This House...
Would it not be fairer to allow a person who may have a grievance and who believes damage has been done to him, to make his case properly in court, bringing the engineers and other witnesses he may re...
If the private individual brings in an engineer, someone must pay the cost. The local authorities have engineers on their staffs and it will not cost them anything to bring one or two to court. A pr...
I think the Parliamentary Secretary and the Minister can see the injustice they are setting out to do here against the private individual who is the owner of private property. I hope the House will n...
I hope that, before this discussion ends, the Parliamentary Secretary will see the wisdom of withdrawing this amendment, which is meant to penalise the owners of private property, whether it is agains...
It is seldom they get a chance.
There is a point that the damage may arise in the areas of two district justices.
Is that covered in that amendment?
It should be provided that one district justice should hear the full claim whether it arises in his area or outside it. For instance, a watercourse or river might run through two district justices' a...
| Last Updated: 18/05/2011 10:52:38 |
Page of 47
|