Committee Reports::Report and Proceedings - Local Government (Repeal of Enactments) Bill, 1949::20 July, 1950::Proceedings of the Joint Committee

IMEACHTA AN CHOISTE SPEISIALTA

PROCEEDINGS OF THE SPECIAL COMMITTEE

Déardaoin, 20ú Iúil, 1950.

Thursday, 20th July, 1950.

1. The Committee met at 11 a.m.


2. Present: Senator Fitzsimons (Chairman); Senators D. Burke, Hawkins, Loughman, McCartan, S. O’Farrell and Richards Orpen.


3. The Committee resumed consideration of the Bill.


(i) Section 1.


Question again proposed:—“That the section stand part of the Bill.”


Question put, and agreed to.


(ii) Section 2 agreed to.


(iii) Schedule.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 6 & 7 Will. IV, c. 116 (Grand Jury (Ireland) Act, 1836), in page 3, immediately before the entry relating to section 46, to insert the following—


‘Section 43 from the words “No person shall be appointed” to the end of the section.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 6 & 7 Will. IV, c. 116 (Grand Jury (Ireland) Act, 1836), in page 3, to delete the entry relating to section 86, and substitute the following—


‘Section 86 from the words “nor unless a true copy” to the words “appointment to his office” ’.”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 6 & 7 Will. IV, c. 116 (Grand Jury (Ireland) Act, 1836), in page 3, to delete the entry relating to section 117, and substitute the following—


‘In section 117 the words “or under any Order in council under the Act” and from the words “of the proposal” to the word “referred” ’.”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 6 & 7 Will IV, c. 116 (Grand Jury (Ireland) Act, 1836), in page 3, immediately under the entry relating to Sections 168, 172 and 174, to insert the following—


‘In section 180 the words “by a presentment of any grand jury or” ’.”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 6 & 7 Will IV, c. 116 (Grand Jury (Ireland) Act, 1836), in page 3, to delete the entry relating to Schedules (R) and (S), and substitute the following—


‘Schedule (S).’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 7 Will. IV and 1 Vict., c. 2 (Grand Jury (Ireland) Act, 1837), in page 3, to delete the entry relating to sections 9 and 10, and substitute the following—


‘Section 9.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 3 & 4 Vict., c. 108 (Municipal Corporations (Ireland) Act, 1840), in page 4, to delete the entry relating to sections 94, 95, 99, 100, 109, 110, 119, 123, 124, 128, 129, 132, 135, 136 and 137, and substitute the following—


‘Sections 94, 95, 99, 100, 109 and 110.


In section 111 the words “police office” and from the words “purposes of” to the words “station, or other.”


Sections 119, 123, 124, 128, 129, 132, 135, 136 and 137.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 3 & 4 Vict., c. 108 (Municipal Corporations (Ireland) Act 1840), in page 4, to delete the entry relating to section 139, and substitute the following—


‘Section 139 from the words “or persons qualified” to the words “Act in such borough,” from the words “and such order” to the words “from such order” and from the words “charge for chancery” to the end of the section.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 7 & 8 Vict., c. 106 (The County Dublin Grand Jury Act, 1844), in page 5, to delete the entry relating to sections 63, 129, 148, 152 and 153, and substitute the following—


‘Sections 129, 148, 152 and 153.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 10 & 11 Vict., c. 16 (The Commissioners Clauses Act, 1847), in page 5, to delete the entry relating to sections 46, 65 to 91, and 96 to 98, and substitute the following—


‘Sections 46, 65 to 91, 97 and 98.’”


Amendment amended, by leave, to read as follows:—


“In the third column opposite the reference to 10 & 11 Vict., c. 16 (The Commissioners Clauses Act, 1847), in page 5, to delete the entry relating to sections 46, 65 to 91, and 96 to 98, and substitute the following—


‘Sections 46 and 65 to 91.


Section 96 from the words “for the purpose” to the words “for providing.”


Sections 97 and 98.’”


Question, as amended, put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 10 & 11 Vict., c. 34 (The Towns Improvement Clauses Act, 1847), in page 5, to delete the entry relating to sections 6 to 18, 51 to 53, 57 to 72, 84, 85, 112 to 115, 136 to 141, and substitute the following—


‘Sections 6 to 18, 51 to 53, 57 to 63, 84, 85, 112 to 115, 136 141.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 17 & 18 Vict., c. 103 (The Towns Improvement (Ireland) Act, 1854), in page 6, to delete the entry relating to sections 16, 18, 20, 24, 26, 29, 30, 31, 32, 36 to 38, 40 and 43, and substitute the following—


‘Sections 16, 18, 20, 24, 26, 29, 30 to 32 36, 37, 40 and 43.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 17 & 18 Vict., c. 103 (The Towns Improvement (Ireland) Act, 1854), in page 6, to delete the entry relating to section 57.”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 17 & 18 Vict., c. 103 (The Towns Improvement (Ireland) Act, 1854), in page 6, to delete the entry relating to sections 59, 66 and 68, and substitute the following—


‘Section 59 except the words “The Commissioners shall in all cases appoint some bank or banking company to act as their treasurer and it shall not be necessary to require from such bank or banking company any security for the due execution of such office.”


Sections 66 to 68.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 17 & 18 Vict., c. 103 (The Towns Improvement (Ireland) Act, 1854, in page 6, to delete the entry relating to section 91, and substitute the following—


‘Section 91 from the words “and the justices before whom” to the end of the section.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 17 & 18 Vict., c. 103 (The Towns Improvement (Ireland) Act, 1854, in page 6, to delete the entry relating to section 92, and substitute the following—


‘Section 92 from the words “and one half” to the words “contrary notwithstanding;” ’.”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 39 & 40 Vict., c. 76 (The Municipal Privileges (Ireland) Act, 1876), in page 6, to delete the entry relating to the whole Act, and substitute the following—


‘The whole Act except sections 1, 2, 11 and the words “No person who has been convicted of felony shall be capable of being elected to the rank of honorary burgess” in section 12.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 61 & 62 Vict., c. 37 (The Local Government (Ireland) Act, 1898), in page 6 to delete the entry relating to subsections (1), (3) and (4) of section 14, and substitute the following—


‘Subsections (3) and (4) of section 14.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 61 & 62 Vict., c. 37 (The Local Government (Ireland) Act, 1898), in page 6, to delete the entry relating to subsection (6) of section 14, and substitute the following—


‘Subsection (6) of section 14 from the words “and shall be fixed” to the words “tenure of office,” the word “and” where it secondly occurs after those words, and paragraph (b) of the proviso.


Subsection (7) of section 14.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 61 & 62 Vict., c. 37 (The Local Government (Ireland) Act, 1898), in page 7, to delete the reference relating to subsection (1) of section 69 and substitute the following—


‘In subsection (1) of section 69 the words “assizes,” “sheriff” (where it first occurs), “lieutenant” (where it first occurs), “custos rotulorum,” “justices,” “general quarter or petty sessions,” “militia,” and from the words “and a sheriff and lieutenant for” to the end of the subsection.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 61 & 62 Vict., c. 37 (The Local Government (Ireland) Act, 1898), in page 7, to insert, immediately under the entry relating to subsections (4) and (5) of section 84, the following—


‘Sections 92 and 93.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 61 & 62 Vict., c. 37 (The Local Government (Ireland) Act, 1898), in page 7, to delete the entries relating to subsections (2) and (3) of section 94, and substitute the following—


‘In subsection (3) of section 94, the word “board.”” ’


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 61 & 62 Vict., c. 37 (The Local Government (Ireland) Act, 1898), in page 7, to insert, immediately before the entry relating to sections 95 and 96, the following—


‘In subsection (4) of section 94, the words “or in any rural district council.” ’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 61 & 62 Vict., c. 37 (The Local Government (Ireland) Act, 1898), in page 7, to delete the entry relating to section 109, and substitute the following—


‘In section 109 the definitions of “union,” “guardians”, “Local Government Board,” “Board of Control for lunatic asylums,” “judge of assize,” “high constable or collector of a barony,” “maintenance,” “lunatic asylum,” “existing”, “Registration Acts,” “Lunatic Asylum Acts,” “Medical Charities Acts” and “Dublin Metropolis Police Acts.” ’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 61 & 62 Vict., c. 37 (The Local Government (Ireland) Act, 1898), in page 8, to delete the entry relating to sections 117, 118, 121 and 122, and substitute the following—


‘Sections 115 to 119, 121 and 122.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 61 & 62 Vict., c. 37 (The Local Government (Ireland) Act, 1898), in page 8, to delete the entry relating to the First Schedule, and substitute the following—


‘Parts II and V of the First Schedule.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to the Local Government (Application of Enactments) Order, 1898, in page 8, to delete the entry relating to subarticle (5) of Article 9, and substitute the following—


‘In subarticle (5) of Article 9 the words “or board” where they occur and the words “or guardian.” ’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to the Local Government (Application of Enactments) Order, 1898, in page 9, to insert, immediately before the entry relating to Article 34, the following—


‘Article 32.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 63 & 64 Vict., c. 63 (The Local Government (Ireland) Act, 1900), in page 9, to delete the entry relating to sections 2, 4, 5, 7, 8 and 10, and substitute the following—


‘Sections 2, 4 to 8, 10 and the Schedule.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 7 & 8 Geo. V., c. 64 (The Representation of the People Act, 1918), in page 9, to delete the entry relating to section 7.”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 7 & 8 Geo. V., c. 64 (The Representation of the People Act, 1918), in page 9, to delete the entry relating to subsection (2) of section 8.”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 7 & 8 Geo. V., c. 64 (The Representation of the People Act, 1918), in page 9. to delete the entry relating to sections 11, 15, 18 and 31, and substitute the following—


‘Sections 14, 15 and 18.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 7 & 8 Geo. V., c. 64 (The Representation of the People Act, 1918), in page 9, to delete the entry relating to section 41.” substitute the following—


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to 7 & 8 Geo. V., c. 64 (The Representation of the People Act, 1918), in page 9, to insert, immediately under the entry relating to section 46, the following—


‘The First Schedule.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to No. 5 of 1925 (Local Government Act, 1925), in page 10, to delete the entry relating to section 1, and substitute the following—


‘Section 1 from the words “the expression ‘county scheme”’ to the words “public assistance;”.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to No. 5 of 1925 (Local Government Act, 1925), in page 10, to delete the entry relating to subsections (1) and (3) of section 82, and substitute the following—


‘Subsection (1) of section 82.


In subsection (2) of section 82 the words “under this section.”


Subsection (3) of section 82.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In the third column opposite the reference to No. 39 of 1927 (Local Elections Act, 1927), in page 11, to delete the entry relating to sections 3, 16 and 17, and substitute the following—


‘Section 3.


Subsections (1) and (2) of section 16.


In subsections (3) of section 16 the words “after the year 1928.”


Section 17.’”


Question put, and agreed to.


Government amendment proposed from the Chair:


“In page 12, after the entry relating to No. 13 of 1942 (County Management (Amendment) Act, 1942), to add, in the first, second and third columns, the following—


No. 24 of 1946.

Local Government Act, 1946.

Sections 31 and 32. Section 66 from the words “and three” to the end of the section.’”

Question put, and agreed to.


Schedule, as amended, agreed to.


(iv) Title agreed to.


4. Draft Report brought in by the Chairman (Senator Fitzsimons) read a first and second time, and passed as follows:—


The Special Committee has gone through the Bill and has made amendments thereto. The Bill, as amended, is reported to the Seanad.


Ordered: To report accordingly.


5. The Committee concluded its business at 12.40 p.m.