§ Within two months from the passing of this Act a certificate shall be obtained from the Local Government Board for Ireland that the works intended to be hereby legalised have been completed and that the sewers and works of the Board are effectual for the purposes named in Section 45 of the Act of 1893, and such certificate shall be conclusive evidence of the facts in all Courts and proceedings, and for all purposes except as against the Commissioners of the Kingstown Harbour.
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MR. JAMES O'CONNOR (Wicklow, W.) moved to add at the end of the clause,—
Provided, however, that unless and until such certificate shall have been obtained, no portion of the money borrowed under the Act of 1893, or to be borrowed under this Act, shall be applicable to the payment of the costs of this Act, nor shall the same be payable out of, or be charged upon, the rates of the townships of Blackrock and Kingstown, or of either of them.
He said that the object of the Amendment was to provide a guarantee that Clause 4 of the Bill should not be ignored by the Drainage Board. Clause 4 provided that a certificate as to the sufficiency of the works for the purpose should be obtained from the engineer of the Local Government Board; but there was no guarantee that the Drainage Board would obtain such a certificate, and that they would not treat the clause as they treated the Act of 1893, which was procured at an expense to the ratepayers of £10,000, and which was so flagrantly violated by the Board that they had to come to Parliament again for a Bill legalising the illegalities. A large number of ratepayers were opposed to the manner in which the Board had been discharging its duties; and he could not see what objection there could be to the Amendment. It was only designed to stimulate and encourage the Drainage Board to do its duty.
*THE CHAIRMAN OF COMMITTEESsaid that when the Second Reading of this Bill was being discussed, 646 the hon. Member for North Dublin made application to him for the insertion, of a clause providing that the Blackrock and Kingstown Commissioners should obtain a certificate from the engineer of a Government Department that the works to be carried out were sufficient for the purpose intended. After careful consideration, he found himself able to insert such a Clause, which now stood as Clause 4 of the Bill. The hon. Member for Wicklow wished to go further, and insert some guarantee that this clause should be carried out. He was very doubtful whether the Amendment proposed would carry out the hon. Member's intention. Supposing that the Amendment were agreed to, and that the Black-rock and Kingstown Commissioners were still obdurate and would not attempt to obtain the certificate, what would happen? The Commissioners would be able to borrow the money and keep it in their pocket, not paying for the expenses of the Act. Those who would suffer would be the unfortunate Parliamentary agents who had had to pay for this Bill, and who, apart from their own charges, had been put to expense in paying the fees of the House of the Commons and of the other House. The Commissioners would not suffer at all. He hoped, therefore, that the Amendment would not be pressed because the clause was sufficient as it stood. If the Board did not carry out the works properly, they would be liable to actions by those persons who were damaged; and the only way successfully to resist such actions would be to get the certificate provided for under Clause 4. Therefore, there was under Clause 4 every inducement to the Drainage Board to carry out the works properly, and the Amendment would offer no additional inducement.
§ MR. J. C. FLYNN (Cork, N.)said that his hon. Friend felt compelled to press the Amendment. This Drainage Board had admittedly violated the provisions of the private Bill of 1893; and all that the Amendment demanded was that, before the money in connection with the scheme was paid away, the certificate of the Local Government Board should be obtained. The Parliamentary agents must have taken guarantees to secure their own interests; but in any case, there could be no harm in a delay of a few days. He should, 647 therefore, move the adjournment of the Debate in order that, before the middle of next week, some compromise might be arranged with the promoters.
§ Question, "That the Debate be now adjourned,"—(Mr. Flynn)—put, and agreed to.
§ Debate to be resumed upon Monday next.