HC Deb 28 March 1889 vol 334 cc1003-5
MR. MAHONY (Meath, N.)

asked the Secretary to the Treasury whether it is a fact that the Board of Works sent a certificate, dated 19th June, 1885, to the Secretary of the County Kerry Grand Jury, claiming a sum of £3,192 11s. 4d. as due to them for money advanced for the construction of a pier at Fenit; whether at that time no portion of the amount claimed was due, having been previously discharged by the Tralee and Fenit Harbour Commissioners; whether a case was reserved by Chief Baron Palles at the Summer Assizes, 1885, for the consideration of the Judges; whether the Judges subsequently decided that the cesspayers were not liable for the amount; and whether, notwithstanding that decision, the said sum of £3,192 11s. 4d. has been paid by the Harbour Commissioners out of the capital advanced, and is regularly charged in each half-yearly certificate sent by the Board of Works when demanding payment?

*THE SECRETARY TO THE TREASURY (Mr. JACKSON,) Leeds

The sum of £3,192 11s. 4d. was paid to the Board of Works prior to June, 1885, by the Harbour Commissioners under the provisions of the mortgage deed in respect of five half-yearly instalments, with the intention, as was afterwards stated to the Board, of claiming the amount by one presentment from the guaranteeing Baronies. The Board of Works did send, at the request of the Harbour Commissioners, a certificate, dated the 19th June, 1885, for that sum, for the purpose of recouping the Harbour Commissioners. The amounts certified for were payable, as far as the Board then believed, by the Baronies under the guarantee. A case was reserved by Chief Baron Palles, and the Judges subsequently decided that, inasmuch as the claims had not been made half-year by half-year, as required by the Act, the Baronies were not liable. The certificate which the Board sends each half-year is in respect of the full advances made from time to time, which now amount to £95,000, being the full amount of the loan.

MR. MAHONY

further asked the Secretary to the Treasury whether his attention had been called to the proceedings before the last Kerry Grand Jury, when an application made by the cesspayers of the barony of Irraghticonnor, to have the necessary steps taken to investigate the expenditure of £95,000 obtained for the purpose of erecting a pier at Fenit, was refused by a majority of 10 to 8; whether, by the direction of the previous Grand Jury, the opinion of eminent counsel had been obtained in the matter; whether that opinion stated that several thousand pounds had been misapplied by the Harbour Board; whether that opinion was laid before the present Grand Jury before they came to their decision; whether some of the members of the Grand Jury who voted against the proposed investigation were also members of the Harbour Board; and, if so, how many; whether, under the circumstances, he will direct the Board of Works, from whom the loan was obtained, to hold a public inquiry into the manner in which the £95,000 has been expended, and to ascertain whether the pier has been completed according to the original contract and specification; whether sheds and cranes as provided fur by the specification have been erected: and, whether the condi- tion laid down by instructions from the Lord Lieutenant at the time when the ratepayers were asked to sanction the loan—namely, that no portion of the loan should be allocated to the canal or any other purpose than the erection of the pier, has been strictly adhered to?

*MR. JACKSON

My attention has not been called to this subject, otherwise than by the hon. Member's question, and I learn that the Commissioners of Public Works have no information on the subject beyond what is open to the general public.