HC Deb 22 August 1895 vol 36 cc552-3
* MR. MAURICE HEALY

I beg to ask Mr. Attorney General for Ireland whether, in cases where a local authority in Ireland has acquired land under Section 57, Sub-section 1, of the Housing of the Working Classes Act, 1890, it is the case that the land so acquired specifically for the purpose of Part III. of that Act cannot be appropriated to such purpose without the consent of the Treasury; whether he is aware that in England the Local Government Board have been advised that no consent is necessary in the case in question; and, if the consent is necessary in Ireland, whether legislation will be introduced to make it unnecessary?

THE ATTORNEY GENERAL FOR IRELAND (Mr. J. ATKINSON,) Londonderry, N.

The consent of the Treasury has always been required to the appropriation of land in Ireland for the purposes mentioned in this question. I have been informed that the Local Government Board have been advised that this consent is, in a similar case, not necessary in England, but that no no case has arisen where this consent has been asked for. I am unable to give an answer in the affirmative to the 3rd paragraph of the question without further consideration, and without ascertaining the views of the Treasury on the subject.

* MR. MAURICE HEALY

asked whether the right hon. and learned Gentleman could say what was the object of the consent required from the Treasury, having regard to the fact that the lands were acquired specifically for the purposes of the Act.

THE ATTORNEY GENERAL FOR IRELAND

said, he could only repeat the answer he had given, namely, that he could not state definitely what legislation might be necessary without conferring with the Treasury.

* MR. MAURICE HEALY

I beg to ask the Secretary to the Treasury—(1) whether it is the practice of the Irish Local Government Board to require local authorities in Ireland who have acquired 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 Treasury their consent, as provided in Section 57, Sub-section 3, and Section 98, Sub-section 12, of the Act, to the appropriation of the site for the purpose for which it has been acquired; (2) whether he is aware that the English Local Government Board are of opinion that, under the circumstances stated, the consent referred to in Section 57, Sub-section 3, is not necessary; and (3) whether the Treasury have taken legal advice as to whether their consent in cases such as that referred to is necessary or has any legal validity?

MR. HANBURY

So far as the Treasury is aware, the answer to the first question is in the affirmative. As regards the second paragraph, the English Local Government Board say that they— 'do not consider that their consent is requisite to enable a local authority to appropriate for the purposes of Part III. of the Act, land specially acquired by the authority for that purpose under Section 57 (1) of the Act. In reply to the third paragraph, I can only say that the matter is at present the subject of correspondence between the Departments concerned.