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APPENDIX III.CONTRIBUTIONS TOWARDS LOANS AND GRANTS UNDER THE HOUSING ACTS.Clerk of the Committee of Public Accounts, Dáil Eireann, Leinster House. The following documents are submittee for the information of the Committee:— A.—A copy of the case submitted to the Attorney-General regarding the provision of shops with dwellings under the Housing of the Working Classes Acts together with a copy of his reply. B.—Copy of a report of one of the Department’s Senior Engineering Inspectors dated the 27th April, 1940, on his inspection of the two houses referred to in evidence. C.—Copy of a report of one of the Department’s Senior Engineering Inspectors dated the 16th April, 1940, on his inspection of the two houses referred to in evidence.
A.Case submitted to the Attorney-General and his reply.Attorney-General, The Minister for Local Government and Public Health desires to obtain the opinion of the Attorney-General in the following matter:— The Limerick Corporation recently carried out a scheme for the erection of houses under the Housing of the Working Classes Acts as to which the Minister was satisfied that the houses were provided for the accommodation of persons displaced by the operation of the Corporation under those Acts. Under Section 40 (1) of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), the Minister consented to the erection in connection with the scheme by the Corporation of six other dwellings with shops attached, with respect to which the Minister was of opinion they would serve a beneficial purpose in connection with the requirements of the persons for whom the houses were provided under the scheme. These shop dwellings were not provided for the accommodation of persons displaced but solely for the purpose above-mentioned and were let to persons who were not displaced. Paragraph (a) of sub-section (1) of section 6 of the Housing (Financial and Miscellaneous Provisions) Act, 1932, (No. 19 of 1932) authorises the Minister to make out of moneys provided by the Oireachtas contributions to the annual loan charges incurred by a local authority in respect of money borrowed for the provision under the Housing of the Working Classes Acts of houses to which the section applies of the amounts and in the circumstances therein specified. The word “house” in that Act is defined by section 2 thereof to mean and include a building or any part of a building suitable for occupation as a dwelling house. The Minister would accordingly be glad to have your advice on the following questions which have arisen as to the interpretation of paragraph (a) of subsection (1) of section 6 of the above-mentioned Act of 1932, having regard to the definition of “house” in section 2 thereof and to the provisions of section 40 (1) of the above-mentioned Act of 1931:— (1) Whether a house part of which is constructed for use as a dwelling house and part as a shop may be deemed at all to be a house within the meaning of the above-mentioned paragraph. (2) If the answer to question (1) is in the affirmative, whether the house in its entirety as a shop dwelling may be so deemed. (3) If the answer to question (2) is in the negative, whether the part of the house constructed for use as a dwelling may be so deemed. Attorney-General’s Opinion.Where part of a building, erected in the circumstances mentioned in Mr. Hurson’s minute of 19th instant, is constructed and suitable for use as a shop only, and part is constructed and suitable for occupation as a dwelling-house, the latter part, but it alone, should, if it was commenced on or after 1st April, 1931, be regarded as a “house” to which section 6 (1) (a) of the Act of 1932 applies. This answers the queries submitted. B.Report of an inspection by a Senior Engineering Inspector of the Department.I inspected a house at C— T—, D—, occupied by Mr. J. J. C—. A terrace of six houses had been erected to the same plan. C—occupied No. 5 and M— occupied No. 6. Nos. 5 and 6 have now been converted into one house. Reference sketch plan of 20/9/’34 shows how this conversion was carried out. The hall door ope was built up so as to form a window ope and the line of the new work can be traced, the same remark applies to the other opes. The stairs had been removed and the space occupied by the landing and stairs joists had been built up and plastered over. The cracks in the plaster clearly indicated the position of the stairs. On this occasion I was accompanied by the Co. Surveyor of L—, as we were engaged on inspection of other works. I asked him to examine this house independently and afterwards we were both of the same opinion that these were separate houses originally. (Signed) T. W. W., 27th April, 1940. C.Report of an inspection by a Senior Engineering Inspector of the Department.I inspected two houses at D—, D—, Co. Leitrim, in respect of which grants of £80 and £45 have been paid to Mr. J. McG. The houses adjoin and the floor areas and sketch of elevation shown on minute sheet No. 162664 of 13th December, 1934, are approximately correct. Each house has the essential elements of a separate dwelling; separate entrance doors, stairs, staircases, living-rooms or kitchens and internally divided on the first floor into separate bedrooms. There is no inter-communicating door between the two houses nor has any passageway or corridor been provided for in the internal planning with a view to conversion subsequently into one house. After the completion of these houses they were let to contractors, who were engaged on large constructional works nearby and in order to facilitate them an ordinary bedroom grate was installed in the living-room of house No. 2, which was used as an office. House No. 1 is now occupied by McG.’s married sister. House No. 2 was occupied by McG. and his mother, but owing to her health she had to leave it. There was evidence of recent habitation, as in the living-room there was a table with ware on it and in the principal bedroom there were the remains of a fire in the grate and cooking utensils and some food. The kitchen or living-room of house No. 1 has an ordinary open bar grate. The installation of a similar grate in house No. 2 presents no difficulty. I should point out that the occupants of these houses are of the labouring class and, judged by the condition of the house, furniture, etc., they appeared to be in very humble circumstances. The kitchen fireplace provided is similar to that usually installed in labourers’ cottages as distinct from the large open hearth fireplaces provided in farm houses. I consider the Housing Inspector was correct in treating these cases with suspicion, as an examination of the elevation would suggest that the ultimate intention was to amalgamate these houses. In county districts houses are very rarely built to a specially prepared plan, but according to some plan already erected in the locality or to a plan submitted by a builder’s provider, which is altered during construction to suit their own requirements. This, in my opinion, explains the unequal internal division into two houses and the elevation. I am satisfied after inspection and detailed examination that these houses are entitled to the grants as paid. (Signed) T. W. W., 16th April, 1940. |
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