HC Deb 19 August 1895 vol 36 cc262-3
MR. MAURICE HEALY

I beg to ask Mr. Attorney General for Ireland—(1) whether his attention has been called to the fact that though Towns Commissioners in Ireland are by s. 99 of The Housing of the Working Classes Act, 1890, enabled to put Part III. of that Act into operation, and consequently to acquire lands for the purpose, neither that nor any other existing Act constitutes them a corporate body for the purpose of having the land vested in them, with the result that the land has to be leased or conveyed to individual Commissioners with resulting inconvenience and law costs whenever such Commissioners cease to be Commissioners; (2) whether he is aware that s. 4, ss. 7, of The Local Government (Ireland) Act, 1871, made provision for such cases, but was inadvertently repealed by The Public Health (Ireland) Act, 1878; (3) Whether under s. 67, ss. 3, of The Housing of the Working Classes Act, 1890, other bodies putting the Act into force are constituted corporate bodies for the purpose of holding lands; and (4) whether he will introduce a Bill reviving s. 4, ss. 7, of The Local Government (Ireland) Act, 1871?

THE ATTORNEY GENERAL FOR IRELAND

My attention has been, called to doubts which have arisen upon the point mentioned in the first paragraph of the question, but I am informed that no case of the kind referred to has come within the knowledge of the Local Government Board. The facts are as stated in the second and third paragraphs of the question, save that I am unable to say that the repeal of s. 4, ss. 7, of the Act of 1871 by the Act of 1878 was inadvertent. I hope to be able next Session to propose legislation in the direction suggested in the fourth paragraph of the question.

MR. MAURICE HEALY

asked whether the right hon. Gentleman was aware that two bodies of Town Commissioners had acquired land for the purposes of this Act, and that in the cases of those two bodies the question arose?

THE ATTORNEY GENERAL FOR IRELAND

No such cases have come within the knowledge of the Local Government Board. I am not otherwise able to answer the hon. Member's question.

MR. MAURICE HEALY

asked whether the right hon. Gentleman was aware that the Local Government Board had had applications from the Middleton and Skibbereen Town Commissioners?

THE ATTORNEY GENERAL FOR IRELAND

I am not aware of that fact. If the hon. Gentleman will kindly repeat the question I will have an inquiry made in the meantime.

MR. MAURICE HEALY

I beg to ask the President of the Local Government Board, whether it is the practice of local authorities in England acquiring land under Section 57, Sub-section 1, of the Housing of the Working Classes Act, 1890, specifically for the purposes of Part III. of that Act to obtain from the Local Government Board their consent, as provided in Section 57, Sub-section 3, to the appropriation of the rate for the purpose for which it has been acquired, or whether the local authorities have dispensed with such consent; and, whether, if such consents have been dispensed with, such action of the local authorities is legal?

MR. CHAPLIN

In no case has a local authority applied to the Local Government Board for their consent to the appropriation of land under the circumstances mentioned in the question. I am not prepared to say that the action of the authorities in dispensing with such consent is illegal, or that any intervention on the part of the Board is necessary in such cases where the consent is not obtained.

MR. MAURICE HEALY

inquired whether the Local Government Board had taken advice on the question, and, if so, whether they were satisfied with the advice received?

MR. CHAPLIN

We have taken the opinion of our own officers.

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