Committee Reports > List of Committees > Seanad > 1924 > Select Committee on the Dublin Reconstruction (Emergency Provisions) Bill, 1924 > Report - Dublin Reconstruction (Emergency Provisions) Bill, 1924

SEANAD EIREANN.

Imeachta Choiste Spesialta chun Bille um Ath Dheanamh i mBaile Atha Cliath (Foralacha Otaideacha) 1924, Do Breithniú.

Proceedings of Special Committee to consider the Dublin Reconstruction (Emergency Provisions) Bill, 1924.

Dé Máirt, 27adh Bealtaine, 1924.

(Tuesday, 27th May, 1924.)

1. Senator Brown took the Chair at 2.30 p.m.

2. Senators present.

The following Senators also attended the Sitting:—

Seanadóirí

Senators

3. Dublin Reconstruction (Emergency Provisions) Bill, 1924—considered in Special Committee.

(i.) Section 1.

Amendment proposed (Senator Colonel Moore):

“In sub-section 2 to transpose the words ‘instead attach’ in line 36 to read ‘attach instead.’”

Question put, and agreed to.

Section 1 as amended, agreed to.

(ii.) New Section.

Amendment proposed (Senator Mrs. Wyse Power):

“Immediately before Section 2 to insert a new Section 2 as follows:—

‘2.—Where under the provisions of the Damage to Property (Compensation) Act, 1923, the Judge has reported under Section 15 what sum would fairly compensate any person for his loss in respect of the damage or destruction of any building in which report a full reinstatement condition as defined in Section 10 of the said Act is included then if the site of such building is acquired or purchased compulsorily by the Corporation under or in pursuance of this Act the compensation to be awarded by the Arbitrator shall be ascertained by him on the following principle—

Amendment withdrawn.

Amendment proposed (Senator Mrs. Costello):

“To insert immediately before Section 2 a new Section 2 as follows:—

‘2. Where under the provisions of Section 15 of the said Damage to Property (Compensation) Act; 1923, a report in writing in respect of the damage or destruction of any building has been made by a Judge to the Minister for Finance, and the site or any part of the site of such building is acquired or purchased compulsorily by the Corporation under this Act,—

‘(1) The Arbitrator shall fix and determine the value at the date of the passing of this Act of the estate right or interest in such site or part thereof, and such value shall be the compensation to be awarded by the Arbitrator to such person in respect of such compulsory purchase or acquisition.

‘(2) The Corporation shall be entitled to such site or part thereof after paying to every person claiming to be interested therein the compensation awarded by the Arbitrator to such person under this section.

‘(3) The Arbitrator shall, if so required by the Minister for Finance, also fix and determine the value of every such estate right or interest immediately before the damage or destruction in respect of which such report has been made by a Judge to the Ministry of Finance, and shall report to the Minister for Finance, the value as so fixed and determined.’”

Question put, and agreed to.

(iii.) Section 2.

Amendment proposed (Senator Jameson):

“Sub-section (1): After the word ‘disturbances’ in line 3 to insert the words ‘is or.’”

Question put, and agreed to.

Amendment proposed (Senator Jameson):

“Sub-section (3): After the word ‘shall’ in line 18 to insert the words ‘sell or.’”

Question put, and agreed to.

Section 2 as amended, agreed to.

(iv.) Section 3 agreed to.

(v.) New Section.

Amendment proposed (Senator Mrs. Costello):

“5. To insert immediately before Section 4 a new Section 4 as follows:—

‘4. (1) In this section the expression “site fronting on an improved street” means any plot, the property of the same person or persons, either directly adjoining any land acquired by the Corporation under this Act for the purpose of improving a street, or between which and such land no building intervenes.

‘(2) If, on the application of the Corporation, the Minister is satisfied in respect of any site fronting on an improved street that for the general scheme of reconstruction of the area it is necessary either:—

he may make an order requiring such removal, erection, reconstruction, or alteration to be carried out.

‘(3) Before making an order under the preceding sub-section in respect of any site, the Minister shall give at least one month’s notice to, and shall consider any representations made by the owners, lessees, and occupiers of such site.

‘(4) The provisions of Section 3 of this Act shall apply to the erection of any new building on a site fronting on an improved street as if such site were the site of a building which has been damaged or destroyed in the course of the recent disturbances; and to the reconstruction or alteration of such a building as if such a building were an existing building in Upper Sackville Street or Lower Sackville Street (commonly known as “Upper O’Connell Street” and “Lower O’Connell Street” respectively).

‘(5) Any reconstruction or alteration of a building or any erection of a new building on a site fronting on a new street in pursuance of an order under this section may be carried out notwithstanding that it interferes with any right to light or other easement, but compensation shall be paid to the persons interested in the land to which such sum, right or easement is attached.

‘(6) Any compensation payable under this section shall be—

Question put, and agreed to.

(vi.) Section 4.

Amendment proposed (Senator Guinness):

“In sub-section (2) to delete, in line 6, the words ‘made up of the sum.’”

Question put, and agreed to.

Section 4 as amended, agreed to.

(vii.) Section 5.

Amendment proposed (Senator Yeats):

“To insert at the end of the Section a new sub-section as follows:—

‘(15) The Judge referred to in this section shall be the Judge of the High Court to whom the duty of exercising jurisdiction under this section shall be assigned by the Chief Justice.’”

Question put, and agreed to.

Section 5 as amended, agreed to.

(viii.) Section 6.

Amendment proposed (Senator Mrs. Costello):

“Sub-section (1). To delete all from the words ‘the rebuilding’ in line 48 to the words ‘recent disturbances’ in line 50 and substitute therefor the following words:— ‘either

‘(a) the rebuilding or restoration of a house or building destroyed or damaged in the course of the recent disturbances; or

‘(b) the removal of a building or the erection of a new building or any reconstruction or alteration of a building required by an order of the Minister made under the provisions of Section 4 of this Act.’”

Question put, and agreed to.

Amendment proposed (Senator Mrs. Costello):

“Sub-section (4), to add the following words at the end of the sub-section ‘save that for the purpose of such application the passing of the said Dublin Reconstruction (Emergency Provisions) Act, 1916, shall be substituted for the passing of this Act.’”

Question put, and agreed to.

Section 6 as amended, agreed to.

(ix.) Section 7.

Amendment proposed (Senator Colonel Moore):

“To delete the figures ‘1927’ in line 19 and substitute therefor the figures ‘1930.’”

Question put, and agreed to.

Section 7 as amended, agreed to.

(x.) Section 8.

Amendment proposed (Senator Guinness):

“To delete the figures ‘1925’ in line 22 and substitute therefor the figures ‘1926.’”

Question put, and agreed to.

Section 8 as amended, agreed to.

(xi.) Sections 9 to 13 inclusive, agreed to.

(xii.) Schedule.

Amendment proposed (Senator Colonel Moore):

“To delete the words ‘on the application of the Corporation’ in line 32 and insert them after the letter (b) in line 33.”

Question put, and agreed to.

Schedule as amended, agreed to.

(xiii.) Title agreed to.

Bill to be reported.

4. The Committee rose at 4.15 p.m.