Committee Reports::Report - Waterford Harbour Commissioners (Acquisition of Property) Bill, 1963::28 February, 1964::Proceedings of the Joint Committee

IMEACHTAÍ AN CHOMHCHOISTE.

PROCEEDINGS OF THE JOINT COMMITTEE.

Dé hAoine, 28 Feabhra, 1964.

Friday, 28th February, 1964.

1. The Committee met at 11 a.m.


2. Members Present.


The following members were present:—


Deputy Sweetman (in the Chair), Deputy Booth and Senators Fitzpatrick and Sheldon.


3. Appearances for the Promoters.


Mr. Kevin Liston, S.C., Mr. Gerald Lardner, B.L., and Messrs. John R. Peart and Son, Parliamentary Agents, appeared for the Promoters, the Waterford Harbour Commissioners.


4. Hearing in support of Preamble.


Mr. Kevin Liston, S.C., and Mr. Gerald Lardner, B.L., were heard in support of the Preamble of the Bill and called evidence.


5. Witnesses Examined.


Mr. Joseph O’Sullivan, Technical Assistant, Córas Iompair Éireann; Mr. F. McQuillan, Harbour Engineer; Mr. Thomas Shipsey, Secretary and General Manager, Waterford Harbour Commissioners; and Mr. Seán Gillan, Waterford City Manager, sworn and examined.


Room cleared.


6. The Committee deliberated.


7. Minutes of Evidence.


Ordered: That, pursuant to Standing Order 80 (Private Business), the evidence be not printed.


8. Consideration of Bill.


The Committee took the Bill into consideration.


(i) Preamble.


Amendment proposed:


“In page 3, line 21, before ‘erected’ to insert ‘1947’.”


Amendment agreed to.


Amendment proposed:


“In page 3, line 46, to delete ‘the Company’ and substitute ‘Córas Iompair Éireann’.”


Amendment agreed to.


Amendment proposed:


“In page 4, lines 11 and 12, to delete ‘Company’ and substitute ‘Córas Iompair Éireann’.”


Amendment agreed to.


Amendment proposed:


“In page 4, line 13, before ‘Waterford’ to insert ‘the’.”


Amendment agreed to.


Preamble, as amended, proved.


(ii) Section 1.


Amendment proposed:


“In line 24, before ‘Harbour’ to insert ‘Waterford’.”


Amendment agreed to.


Section, as amended, agreed to.


(iii) Sections 2, 3 and 4 agreed to.


(iv) New section.


Amendment proposed:


“Before section 5 to insert a new section as follows:—


‘If any difference shall arise between the Commissioners and the Board in regard to the provision made by the Commissioners for the exercise of any rights given to the Board by the Agreement mentioned in section 4, or in regard to the manner in which or the conditions under which such a right is to be exercised, whether such difference arises from a failure of the Commissioners to agree to or approve of a proposal by the Board or in any other way, then and in every such case, unless the Commissioners and the Board concur in the appointment of a single arbitrator, the matter in difference shall be referred to two arbitrators, one appointed by the Commissioners and one by the Board.”’


Question:—“That the new section be there inserted”—put, and agreed to.


(v) Sections 5, 6 and 7 agreed to.


(vi) Schedule agreed to.


(vii) Title agreed to.


9. Report of Committee.


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


1. The Joint Committee reports that it has examined the Preamble of the Bill, has made certain drafting amendments therein and has found that the allegations therein contained have been proved to its satisfaction.


2. The Committee has considered the Bill and has made an amendment thereto providing for the appointment of arbitrators in the event of any differences arising between the Waterford Harbour Commissioners and Córas Iompair Éireann in respect of the exercise of any rights given to Córas Iompair Éireann by the Agreement and a further drafting amendment.


Ordered: To report to both Houses accordingly.


11. Conclusion of Business.


The Committee concluded its business at 1.10 p.m.