Committee Reports::Report and Proceedings - Local Government Bill, 1952::11 December, 1952::Proceedings of the Joint Committee


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IMEACHTA AN CHOISTE.

THE PROCEEDINGS OF THE COMMITTEE.

Déardaoin, 11ú Nollaig, 1952.

Thursday, 11th December, 1952.

1. The Committee met at 11 a.m.

2. Members Present.

The following members were present:—

Deputy Palmer (in the Chair), the Minister for Local Government, Deputies J. Brennan, Calleary, Carter, Cogan, Desmond, J. Flynn, McQuillan and T. O’Sullivan.

3. Consideration of Bill.

The Committee took the Bill into consideration.

(i) Section 1 agreed to.

(ii) Section 2.

Amendment proposed (Deputy Cogan):

“In lines 22 and 23 to delete ‘if such road authority is satisfied that the road is of general public utility’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy J. Brennan):

“To add to the section a new subsection as follows:—

‘(2) A declaration under subsection (1) of this section shall be a reserved function within the meaning of the County Management Act, 1940’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Palmer):

“To add to the section a new subsection as follows:—

‘(2) A declaration by a road authority under this section that a road is of general public utility shall not be open to challenge in any court of law or elsewhere’.”

Amendment, by leave, Withdrawn.

Amendment proposed (Deputy Palmer):

‘To add to the section a new subsection as follows:—

‘(2) The term general public utility specified in the preceding subsection, shall be interpreted as including (inter alia) any road which at the date of a declaration under the preceding subsection is:

(a) the sole means of access to six or more dwellinghouses, and

(b) certified by the county engineer to be in a condition suitable for the traffic likely to be borne thereon’.”

Amendment, by leave, withdrawn.

Section agreed to.

(iii) New section.

Amendment proposed (Deputy J. Brennan):

“Before section 3 to insert a new section as follows:—

‘Where a local authority makes a declaration under section 2, it will be permissible for such local authority to levy off its funds the amount of the local contribution required from beneficiaries under any rural improvement scheme in connection with the road or roads the subject of the declaration’.”

Amendment, by leave, withdrawn.

(iv) Section 3 agreed to.

(v) Title agreed to.

4. Report of Committee.

Draft Report brought in by the Chairman (Deputy Palmer) read a first and second time, and passed as follows:—

The Special Committee has gone through the Bill and has not made any amendment thereunto. The Bill is reported to the Dáil without amendment.

Ordered; To report accordingly.

5. Conclusion of Business.

The Committee concluded its business at 12 noon.