HC Deb 06 August 1889 vol 339 cc543-5
MR. MAHONY (Meath, N.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that in the instructions issued by the Lord Lieutenant to the cesspayers of the Baronies connected with the Fenit Pier Loan, and on faith of which the cesspayers gave a guarantee for£95,000, the following passage occurs:— No portion of it (the loan) can be expended on the present canal, or in payment of the balance of the canal debt due to the Public Works Loan Commissioners, or of the instalments of the present loan; but that, in spite of this passage in the instructions, £2,500 was paid to the National Bank in discharge of a debt due by the canal, £300 and £290 were paid to the Public Works Loan Commissioners in discharge of the debt due by the canal, and £3,192. 11s. 4d. was paid to the Irish Board of Works in discharge of the instalments on the Fenit Pier Loan referred to in the Lord Lieutenant's instructions as the present loan; whether interest has to be paid and capital repaid by the taxpayers as regards these sums, although these sums were paid by the Fenit Harbour Commissioners in direct contravention of the Lord Lieutenant's instructions, on the faith of which the taxpayers gave their guarantee; and, whether, if these facts be as stated, he will take steps to enforce the instructions of the Lord Lieutenant?

MR. A. J. BALFOUR

The instructions mentioned in the question were issued by the Lord Lieutenant. The payments enumerated were made from the loan of £95,000 by the Harbour Commissioners. They do not appear to have been justified in applying the capital funds to any of these purposes. It is right to add that it appears from a communication received from their Secretary that they only intended to advance the sums temporarily from the loan and that a portion of the item of £290 has already been paid by the canal funds. It also seems that when the Board of Works ascertained that the first five half-yearly instalments amounting to £3,192 11s. 4d. had been repaid to them out of the loan they took steps to remedy this action of the Harbour Commissioners by applying for a presentment for the amount. This application, however, was overruled by the Lord Chief Baron, whose decision was confirmed in the Court of Queen's Bench, whereby it was held that the Act 43 & 44 Vic. c. 14 guarded against the sums due by the Baronies being accumulated from one Assizes to another. I may mention that it would seem as regards this sum of £3,192 11s. 4d., that the Baronies are not at any actual loss by its payment from the loan, as had it been presented for at the Assizes from time to time as it accrued due, the Baronies would then have been obliged to have paid. The Government are considering the matter as to what steps, if any, they are in a position to take.

MR. MAHONY

Is the right hon. Gentleman aware that the pier has not been properly finished owing to the shortness of funds?

MR. A. J. BALFOUR

I am not aware of that fact. I understand the point to be that the Harbour Commissioners have paid interest out of capital and that a loss has thereby occurred. I do not know that that is so, but I think it is very probable.

MR. MAHONY

It is quite clear that interest has been wrongly paid out of capital, and, therefore, I will ask the right hon. Gentleman if he will take steps to obtain a Report upon the matter?

MR. A. J. BALFOUR

As I understand the matter, the Lord Lieutenant's instructions can only refer to the future, and not to any improper payments out of capital which may have been made previously.

MR. MAHONY

Were not the Lord Lieutenant's instructions issued prior to the guarantee of this loan—prior to the time when the taxpayers gave the guarantee? The taxpayers at a Baronial meeting, which was to a certain extent representative, gave the guarantee on the faith of the Lord Lieutenant's instructions. Where the taxpayers give a guarantee for the carrying out of public works under instructions issued by the Lord Lieutenant, is it to be the duty of the taxpayer to see that the instructions are carried out?

MR. A. J. BALFOUR

As I have said, I am not acquainted with the facts of the case, but anything the Government can do to remedy the evil they are prepared to do.

MR. E. HARRINGTON (Kerry, W.)

As this is a question which affects my constituents may I ask whether it is not the fact that this Public Board excluded the Press from their deliberations?

MR. A. J. BALFOUR

It does not rest with the Lord Lieutenant to secure the admission of the Press to these meetings.