HC Deb 14 July 1898 vol 61 cc1108-32

Amendment proposed— Leave out schedule 6, and insert new schedule 6 (Parliamentary Paper No. 292)."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 74, line 12, leave out from 'marked "C,"' and insert 'so,' where the same next occurs, and from 'and the clerk of the Crown.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 74, line 24, after 'thirty-four,' insert from 'other than those' to 'concerns of the county,' and from 'and the whole of such fiscal' down."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 74, line 34, leave out from 'forty-one' to end of line 36."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 75, line 10, leave out from beginning to 'to' in line 13, and insert 'sections sixty.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 75, line 17, leave out 'and,' and insert 'seventy-four.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 75, line 17, after 'seventy-five,' insert 'and eighty-one.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 75, line 34, leave out 'section one hundred and ten,' and insert 'in section one hundred and ten the words "secretaries to grand juries." "—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 75, lines 46 and 47, leave out 'sections one hundred and twenty-three and,' and insert 'section.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 75, line 57, after 'person,' insert 'or persons injured.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 75, line 57, leave out from 'to to end of line 60, and insert 'touching the said offence and.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed: "Page 76, line 44, at end, insert—
4 and 5 Vic. c. 10 An Act for extending to the county of the city of Dublin the provisions of an Act passed in the nineteenth and twentieth years of His late Majesty King George the Third, in Ireland, intituled "An Act to prevent the detestable practices of houghing cattle, burning of houses, barns, haggards, and corn, and for other purposes," so far as relates to burning of houses The whole Act.
Agreed to. —(Mr. Gerald Balfour.)

Amendment proposed— Page 76, line 51, leave out from 'six' to the end of line 4, page 77."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 77, lines 10 and 11, leave out section nineteen from 'provided that no sum' to the end of the section."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 77, line 18, after 'thirty,' insert 'and section forty-one.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 77, line 39, leave out from 'sixty-one' to the end of line 40."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 76, line 2, after 'thirty-six,' insert 'one hundred and thirty-eight, one hundred and thirty-nine to such presentment.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 76, line 20, after 'prisons,' insert 'and secretaries to grand jury.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 78, line 2, leave out from 'section' to 'term,' in line 6, both inclusive, and insert 'sections one hundred and twenty-two to one hundred and twenty-eight.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 78, lines 7 and 8, leave out 'one hundred and twenty-three.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 78, line 32, leave out from 'in section four' to 'section,' in line 40, both inclusive, and insert 'the whole Act.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 79, line 28, leave out 'sections one and two,' and insert 'the whole Act.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 80, line 15, after 'forty-nine,' insert 'and,' and after 'fifty' leave out 'and,' and insert 'section fifty-two from "but in case where" to "Monday following"; section fifty-three, except as regards the mayor; section.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 80, line 17, after 'fifty-five,' insert from 'shall cause' to 'year and.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 80, line 39, leave out from 'similar,' to 'to,' in line 44, both inclusive."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 80, line 47, before 'auditor,' insert 'municipal commissioner.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 80, line 47, leave out from 'and' to the first 'and' in line 49, and insert 'or commissioners.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 80, line 52, leave out from 'in section' to 'council,' in line 54, both inclusive."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 80, line 54, at end of line, insert 'section eighty-three from "and in like" to end of section.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 80, line 55, before 'auditor,' insert 'municipal commissioner.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 80, line 58, after 'assessor,' insert 'and the words "or commissioners."'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 81, line 4, after 'auditors,' insert 'and from "and every municipal" to "his office."' "—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 81, line 7, before 'or auditor,' insert 'or municipal commissioner.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 81, line 11, before 'auditor,' insert 'commissioner.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 81, line 12, at end of line, insert 'and the words "auditor or assessor," and the words "or by a person qualified to vote for the commissioners for such borough, and such person,"' where those words next occur; and the words 'or town fund.' In section ninety-two the words 'or board of municipal commissioners,' 'or commissioners,' and 'or is qualified to vote as aforesaid,' and the words 'or board,' 'or chairman,' and 'or commissioner' wherever they occur, and from 'the whole' to 'whole council or board,' and from 'and the said quarterly meetings' to the end of section. In section ninety-three the words 'or board of commissioners' and the words 'or board' wherever they occur. In section ninety-five the words 'or board' wherever they occur."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 81, line 13, at end of line, insert 'section one hundred and twenty-five,' from 'provided further' to the end of the section. In section one hundred and twenty-nine, from 'or on account' to 'of this Act,' the words 'or commissioners,' and from 'or person' to 'such commissioners.' In section one hundred and thirty the words 'or commissioners.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 81, line 16, after 'words,' insert 'or commissioners' and 'or commissioner and.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 81, lines 18 and 19, leave out 'section one hundred and thirty-eight.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 81, line 32, leave out from 'four' to the end of line 36."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed: "Page 82, after line 7, insert—
35 and 36 Vic. c. 60 The Corrupt Practice (Municipal Elections) Act, 1872 The whole Act so far as unrepealed.
Agreed to. —(Mr. Gerald Balfour.)

Amendment proposed— Page 82, in the third column, leave out lines 17 to 34 inclusive, and insert 'the whole Act, except so far as it is applied by any Act or enactment.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 82, line 36, after 'upwards,' insert 'and from "or the chairman," down to "be in force."'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, after line 6, insert 'section seventeen.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, lines 8 and 9, transpose these lines to come in after '1847,' in line 25, as a new paragraph."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 81, line 36, after 'section,' insert, as a fresh paragraph, 'section five from "and at the like times" to the end of the section.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 81, line 39, leave out from 'twenty-six' to end of line 47, and insert 'except so far as it affects the title of any property real or personal.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 82, lines 6 and 7, leave out 'so far as they relate to urban district councils.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, line 9, after 'section,' insert 'and the rest of the section, except so far as it applies to any case where a rate can, under the provisions of this Act, be made on the immediate lessor.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, leave out from the beginning of line 10 to 'section,' in line 13."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, lines 16 and 17, leave out 'sections twenty-two and twenty-three,' and insert 'section twenty-two.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, line 19, leave out 'twenty-four,' and insert 'twenty-three.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, line 20, after 'one,' insert 'and section, thirty-five.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, line 24, after 'ten,' insert 'and twelve to sixteen.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, line 26, after 'eight,' insert 'so far as regards towns which are urban districts.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, line 47, after 'sixty-two,' insert 'and.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, line 47, leave out 'and,' and insert 'section.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 83, line 48, after 'seventy-five,' insert 'except so far as it applies to any case where a rate can, under the provisions of this Act, be made on the immediate lessor.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed: "Page 86, line 6, at end, insert—
53 and 54 Vic. C. 30 The Poor Law Acts (Ireland) Amendment Act, 1890 Section three.
—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 84, line 5, after 'rent,' insert 'except so far as it applies to any case where a rate can, under the provisions of this Act, be made on the immediate lessor.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 84, line 7, after 'property.' insert 'except so far as it applies to any case where a rate can, under the provisions of this Act, be made on the immediate lessor.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 84, line 12, after 'three,' insert 'except so far as they apply to any case where a rate can, under the provisions of this Act, be made on the immediate lessor.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 84, line 21, before 'section,' insert 'section six and.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 84, line 52, after 'eleven,' insert 'except so far as it applies to any case where a rate can, under the provisions of this Act, be made on the immediate lessor.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 85, line 20, leave out 'section ten to "dispensary districts and."'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed—
"Page 86, line 18, after 'asylum,' insert 'where those words first occur.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed: "Page 87, line 11, at end, insert—
53 and 54 Vic. c. 31 The Pauper Lunatic Asylums (Ireland) Superannuation Act, 1890 Section three from "within the meaning" down to "one hundred and eighteen," and the words "with the approval of the inspectors of lunatics, or one of them" and the words "or servant" wherever they occur in that section; and section four.
Agreed to. —(Mr. Gerald Balfour.)
Amendment proposed: "Page 87, line 13, at end, insert—
55 Geo. 3, c. 89 The Court Houses (Ireland) Act, 1815 Sections one and two.
2 and 3 Will. 4, c. 85 The Charities (Ireland) Act, 1832 The whole Act.
3 and 4 Will. 4, c. 37 An Act to alter and amend the laws relating to the temporalities of the Church in Ireland Section seventy-two from "at the next assizes" to the end of the section.
Agreed to. —(Mr. Gerald Balfour.)

Amendment proposed— Page 87, line 14, leave out 'the whole Act, so far as unrepealed,' and insert 'section two, from "and to order" down to "such county," where those words next occur; section three, from or "for dividing" to "this Act," and the words "or division"; and section four.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 87, lines 25 and 26, leave out 'and from "to divide" to "division or."'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 88, line 35, after 'nineteen,' insert 'except so far as it applies to any case where

Amendment proposed: "Page 88, after line 44, insert—
35 and 36 Vic. c. 69 The Local Government Board (Ireland) Act, 1872 Section four from "and save as" to the end of the section.
Agreed to. —(Mr. Gerald Balfour.)
Amendment proposed: "Page 88, line 47, at end, insert—
38 and 39 Vic. c. 17 The Explosives Act, 1875 Section one hundred and eighteen from "including" to "under this Act" so far as relates to county councils other than the councils of county boroughs, and from "all expenses incurred in any petty sessions district" to the end of the section.
Agreed to. —(Mr. Gerald Balfour.)

a rate can, under the provisions of this Act, be made on the immediate lessor; and sections twenty-one.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 88, line 39, leave out 'commissioners.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 88, line 40, after 'under,' insert 'none.'"—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed: "Page 88, line 50, at end of line, insert—
39 and 40 Vic. c. 43 The Coroners (Dublin) Act, 1876 Section three from "in addition" to "required" and the word "further."
Agreed to. —(Mr. Gerald Balfour.)

Amendment proposed— Page 89, line 7, leave out from beginning of line to end of line 10."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed: "Page 89, line 31, at end of line, insert—
46 and 47 Vic. c. 60 The Labourers (Ireland) Act, 1883 Section five from "provided that" to "number of twelve;" section six from "the scheme shall also" to "charged;" in section seven the words "and the proposed area of charge," and from "the provisional order shall also specify" down to "charged;" in section eight the words "declared by such order to be;" section seventeen from the beginning down to "Part Five of The Public Health (Ireland) Act, 1878," and the words "out of which special expenses are payable."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed: "Page 89, line 34, at end of line, insert—
48 and 49 Vic. c. 77 The Labourers (Ireland) Act, 1885 In section twelve the words "declared by such order to be;" and section eighteen.
49 and 50 Vic. c. 59 The Labourers (Ireland) Act, 1886 Section five,
60 and 61 Vic. c. 43 The Military Manœuvres Act, 1897 Section nine from "persons not more" to "have effect," being sub-sections one and two.—(Mr. Gerald Balfour.)

Agreed to.

Bill re-committed in respect of the new clauses standing on the Notice Paper, and of the four Amendments standing in the name of the Chief Secretary to the Lord Lieutenant of Ireland (Mr. Gerald Balfour).

Bill considered in Committee.

(In the Committee.)

Amendment proposed— Page 10, line 21, at end, insert— (5) Where a county infirmary or fever hospital is under the management of a governing body other than such corporation as above-mentioned, the foregoing provisions of this section shall apply, with the necessary modifications, in like manner as if the governing body were the said corporation.

Amendment proposed— Page 89, line 25, after 'section,' insert 'three from "equal to" down to "said period" and from "provided always that" down to "hold such inquest"; and section.'"—(Mr. Gerald Balfour.)

Agreed to.

(6) A county council may, if they think fit, contribute towards the rebuilding, or enlargement, or erection on a new site of any county infirmary, whether such rebuilding, enlargement, or erection takes place after the passing of this Act, or is in course of completion at that passing, or towards the re-opening of a closed county infirmary, a sum not exceeding in the whole one-third of the sums actually received from private donations or subscriptions for such rebuilding, enlargement, erection, or re-opening, and the foregoing provisions with respect to the management of the infirmary shall apply accordingly."—(Mr. Gerald Balfour.)

Amendment proposed to the proposed Amendment— In line 5, after 'the,' to insert 'completion of an infirmary in course of erection at the passing of this Act.'"—(Mr. Murnaghan.)

Mr. MURNAGHAN

explained that the special object of his Amendment was to provide for the case of the two infirmaries in Cork City, one of which would, under the Chief Secretary's clause, receive no contribution.

MR. ATKINSON

said it was inadvisable to insert in a Bill of this kind clauses dealing with special institutions. The clause moved by the Chief Secretary laid down rules applicable generally to all cases. On this ground the Government could not accept this Amendment, nor that standing in the name of the honourable and learned Member for North Louth.

Amendment to proposed Amendment, by leave, withdrawn.

Mr. T. M. HEALY

had on the Paper the following Amendment— Line 13, at end, add— As regards the county of Cork, the county council, in addition to any contribution made by them towards the South Charitable Infirmary and County Hospital, situate in the city of Cork, may, if they think fit, contribute annually towards the North Infirmary and City of Cork General Hospital, situate in the said city, a sum not exceeding seven hundred pounds per annum, on such conditions as to the admission thereto of patients from the county and the representation of the council on the committee for managing the said infirmary as may be agreed upon with the said committee. The said county council may also from time to time make such other and additional grants as it may deem expedient either to the said two infirmaries, or to any other public hospital in the said city. Provided always that the total amount of the contributions made by the said county council towards hospitals and infirmaries shall not exceed the sum of two thousand two hundred pounds per annum. The council of the county borough of Cork, in addition to the two sums of seven hundred pounds per annum, which it is at the date of the passing of this Act authorised to contribute towards the said two infirmaries, respectively, and the sum which it is at the said date authorised to contribute to the Cork Fever Hospital, may, if it thinks fit, contribute a further sum not exceeding in the whole five hundred pounds per annum to such public hospital or hospitals in the city of Cork as it may think fit, on such conditions as to the admission to the infirmary or hospital of patients from the county borough and the representation of the council on the committee for managing the infirmary or hospital as may be agreed upon.

MR. T. M. HEALY

After what the right honourable Gentleman has said, I will not move my Amendment, but I would suggest that when, the Bill goes to another place the Government should consider whether words cannot be introduced to cover the case of the Cork infirmaries.

Original Amendment agreed to.

Amendment proposed— Page 10, line 35, at end, insert— Any county council may, notwithstanding anything in any other Act, contribute to any such county infirmary or fever hospital as above in this section mentioned any amount not exceeding the amount in that behalf mentioned in the Grand Juries Act, 1836."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— Page 25, line 22, after 'raised,' insert 'and any town which is constituted an urban sanitary district, or which, being an urban sanitary district, is added to a rural sanitary district, shall, if the order for such constitution or addition was made before the end of six months after the passing of this Act, whether made before or after that passing, and whether confirmed or taking effect before or after the end of such six months, be treated as having been so constituted or added, as the case may be, during the standard year."—(Mr. Gerald Balfour.)

Agreed to.

Amendment proposed— In new clause, 'loans to boards of guardians,' after sub-section (5), insert the following sub-section— A loan by guardians shall not be of such amount as exceeds, or will make the total debt of guardians under the Acts relating to the relief of the poor exceed one-fourth of the total annual rateable value of the union. Provided that the Local Government Board by Provisional Order may extend the said maximum to double the amount above authorised, and the provisions of the Public Health Act and this Act with respect to Provisional Orders shall apply with the necessary modifications."—(Mr. Gerald Balfour.)

Agreed to.

Motion made, and Question proposed— Page 8, after clause 11, insert the following clause—

  1. "(1) The county council, without prejudice to the power under section one hundred and sixty-two of the Grand Juries Act, 1836, or 1123 any other enactment, may, for the purpose of the maintenance of the roads in their county, whether main or other roads, acquire, purchase, take on lease, or exchange any land from which materials may be got for the repair of such roads, and may purchase or hire any steam roller, scarifier, or other machine, and may place at the disposal of the persons contracting for the repair of the roads, materials from the said land, and the use of the said Steam roller, scarifier, or other machine, upon such reasonable terms as may be agreed upon.
  2. "(2) Section one hundred and sixty-two of the Grand Juries Act, 1836 (which relates to the power to obtain gravel, stone, sand, or other materials), shall extend to authorise the digging for, raising, and carrying away of gravel, stone, sand, or other materials, out of any river or brook at a distance of at least a hundred and fifty feet above or below any bridge, dam, or weir, where the same can be taken away without diverting or interrupting the course of the river or brook, or prejudicing or damaging any building, highway, ford, or spawning-bed."—(Mr. Gerald Balfour.)

Clause read a second time, and added to the Bill.

Motion made, and Question proposed— Page 18, after clause 30, insert the following clause—

  1. "(1) An urban district council, and if so authorised by order of the Local Government Board a rural district council, may (a) acquire, purchase, or take on lease, lay out, plant, improve, and maintain land for a recreation ground or public walk; and (b) support or contribute to the support of a recreation ground or public walk, or contribute towards the purchase or cost of the laying out, planting, or improvement of any recreation ground or public walk, when provided by any person and permanently dedicated as such; and (c) make by-laws for the regulation of any such recreation ground or public walk, and by such by-laws provide for the removal from such recreation ground or public walk, by any officer of the said council or a constable, of any person infringing any such by-law.
  2. "(2) The recreation ground or public walk may be either within or without the district of the council, if it is convenient for the use of the inhabitants of such district.
  3. "(3) Any expenses incurred under this section by a rural district council shall be defrayed as expenses under the Public Health Act, 1878.
  4. "(4) The acquisition of land for the purpose of this section shall be deemed to be a purpose for which land may be acquired under the Public Health Act, 1878, and the provisions of that Act with respect to the acquisition of land shall apply accordingly.
  5. "(5) Sections 219 to 223 of the Public Health Act, 1878, shall apply to the by-laws made under this section."—(Mr. Gerald Balfour.)

Clause read a second time, and added to the Bill.

Motion made, and Question proposed— Page 34, after clause 53, insert the following clause—

  1. "(1) Where any county of a city or town becomes by virtue of this Act part of a county at large, then on the application within the prescribed time of the council for any district, urban or rural, which comprises all or any part of the area of such county of a city or town, the Local Government Board shall make an adjustment as between that area and the rest of the said county at large respecting the contribution by the said area to the county at large charges (whether for the salaries of the county officers or main road or other purposes), and as respects the declaration of any roads within the said area to be main roads, and any order made upon such application in respect of the main roads shall have the same effect as if it were a declaration by the county council under this Act in respect of such roads.
  2. "(2) Any order for adjustment under this section shall be subject to appeal within the prescribed time to the Appeal Commission, mentioned in this Act, and in the event of an appeal the order shall be suspended, but shall afterwards operate as from the date at which it would but for the appeal have operated or from any later date fixed by the Commission on the appeal.'"—(Mr. Gerald Balfour.)

MR. T. M. HEALY

I am afraid the Government have not met the point I raised in Committee—namely, that county councils will have to go to Parliament in order to get the roads under their jurisdiction.

MR. GERALD BALFOUR

I do not think that difficulty could possibly arise, but we will consider the matter.

Clause read a second time, and added to the Bill.

Motion made, and Question proposed— Page 34, after clause 53, insert the following clause—

  1. "(1) If after the expiration of not less than fifteen years from the date hereinafter mentioned the council, either of a county or of an urban county district as respects the financial relations between such county and district, or the council of any county district 1125 as respects the financial relations between that district and any other county district, allege that the said financial relations are inequitable and satisfy the Local Government Board that there is reasonable ground for that allegation, the Board may inquire into the circumstances, and, if they think it just so to do, may by order alter the financial relations, but such order where it alters the provisions of any local Act or Provisional Order shall be a Provisional Order.
  2. "(2) 'Financial relations' means the relations between the county and urban county district, or between the two county districts as respects the burden of the expense of the maintenance or construction of any road or public work or of the salaries of the county officers or of any other county at large or district charges, or as respects any contribution "by the county or any district to such expenses, salaries, or charges, whether such relations are specified in any Act or Provisional Order confirmed by an Act or in any agreement or order made under Part II. of this Act in respect of any such public work, or by any adjustment made in pursuance of this Act or of an Order in Council under this Act, or are not so specified.
  3. "(3) The date from which the said fifteen years are to be calculated shall be the passing of this Act, or in case of any Act, Provisional Order, agreement, order, or adjustment made after the passing of this Act, then the date at which the Act, Provisional Order, agreement, order, or adjustment came into operation, or in the case of an order under this section, then the date of that order."—(Mr. Gerald Balfour.)

Clause read a second time, and added to the Bill.

Motion made, and Question proposed— Page 18, after clause 30, insert the following clause— Where a rural district council, under the Labourers (Ireland) Acts, 1883 to 1896, hold any land on lease, they may by agreement purchase the interest of the lessor or any other superior interest in such land, and shall have the same power of borrowing the purchase money as they have of borrowing money for the purchase of land under the said Acts, and for the purpose of any such purchase an advance may be made under section 18 of the Labourers (Ireland) Act, 1883, as amended by the Public Works Loans Act, 1897."—(Mr. Gerald Balfour.)

Clause read a second time, and added to the Bill.

Motion made, and Question proposed— Page 43, after clause 67, insert the following clause— Ballot boxes, fittings, and compartments shall be provided and kept for each county and county district and for each electoral division of a union situate in an urban district at the expense of the rates of such county, district, or union, and may be used free of charge at any Parliamentary election for any county or Parliamentary borough comprising the whole or any part of such county, district, or union, and any damage other than reasonable wear and tear caused to the same shall be paid as part of the expenses of the election in which they are so used. It shall be the duty of the returning officer at any such Parliamentary election to make use, so far as practicable, of the ballot boxes, fittings, and compartments provided in pursuance of this section, or otherwise the property of any county or district council, and the court upon taxation of his accounts shall have regard to the provisions of this section.'"—(Mr. Gerald Balfour.)

Clause read a second time, and added to the Bill.

Mr. T. M. HEALY

had on the Paper the following new clause— Where, in the opinion of the county council, the doing of any work would be of public advantage, and power to undertake or present for same is not conferred by any existing Act, the council may represent the facts to the Local Government Board, whereupon, if such work or expenditure is sanctioned by the Local Government Board, the council may proceed with the same, and raise the amount required for its execution by a charge on the county at large.

THE CHAIRMAN

ruled that as the clause proposed to impose a charge on the Imperial Exchequer, it was out of order to propose it at this stage.

New clause— Where the council of any county borough or any urban district consider that it would be beneficial for the inhabitants of the borough or district that any post or telegraph office should be established within such borough or district, or any additional facilities (postal or other) provided by the Postmaster General within such borough or district, the council may undertake to pay the Postmaster General, any loss he may sustain by reason of the establishment or maintenance of the office or the provision of the facilities, and any expenses incurred under this section may be paid in the case of a borough out of the borough fund or the borough rate, and in the case of any urban district not a borough out of the rate out of which the general expenses of the council under the Public Health Act, 1878, are defrayed."—(Mr. Clancy.)

Brought up and read the first time.

Motion made, and Question proposed— That, the clause be now read a second time."—(Mr. Clancy.)

MR. GERALD BALFOUR

I do not raise any objection to this.

MR. JORDAN

I think this clause is wholly unnecessary. If they want additional postal facilities in a borough the Post Office authorities should give those facilities without any payment by the county council or district council. I object to the clause altogether, as conferring on local authorities the power of spending the money of the ratepayers in establishing facilities that ought to be provided by the Post Office authorities themselves.

Clause read a second time and added to the Bill.

New clause— The boundaries of the county borough of Dublin shall, as from the commencement of this Act, be the boundaries recommended for the city of Dublin by the Report of the Municipal Boundaries Commission (Ireland), 1879, appointed to inquire into and report on the boundaries of certain towns in Ireland, and the boundaries of the city of Dublin shall be extended accordingly, and the powers and jurisdiction of the municipal corporation of the city shall apply and be in force within the area of the city as so extended. The Local Government Board shall, after the passing of this Act, make such order or orders as may be necessary or convenient for carrying this enactment into execution, and for that purpose shall have all the powers conferred on them by this Act or any Order in Council made there under with respect to the alteration of boundaries, the adjustment of property, income, debts, liabilities, and expenses, or any matters incidental thereto."—(Mr. J. Redmond.)

Brought up and read the first time.

Motion made, and Question proposed— That the clause be now read a second time."—(Mr. J. Redmond.)

MR. J. REDMOND

I regret that this clause comes on at this hour of the morning, when it is quite impossible for me to enter fully into the reasons for it. All I will say is this. In the year 1879, when a Royal Commission inquired into this question of the extension of boundaries in Dublin, the Royal Commission unanimously recommended that the boundaries of the city of Dublin should be extended so as to include neighbouring townships. The city is somewhat peculiarly situated. The population is congested to an extent probably unknown in any other city in the United Kingdom, and the extension of boundaries recommended by the Royal Commission is extremely essential for the prosperity and advancement of the city in the future. There were over 100 witnesses examined before the Royal Commission representing various parties, and the balance of testimony was strongly in favour of the extension. It is true that there were some object-ions raised chiefly on the ground that it would mean increasing the rates in these townships, but that objection, whatever was its value at that time, has almost entirely disappeared since then, because the rates in the townships have risen since that date. If this amalgamation takes place there will be one uniform rate, which will be actually less than the rate levied in most of these townships. There has been no general revaluation since 1854. Since that time a sum amounting to nearly two millions has been spent on the improvement of the city, and the increased valuation consequent on the expenditure of that sum has been only £2,000. If this extension takes place it is calculated that the valuation will be increased by £130,000 or £140,000. Sir, I regret extremely that it is impossible for me at this hour (ten minutes to five in the morning) to fully explain this clause to the Committee. It is one of the greatest possible importance to the city of Dublin, and I believe a very strong case could be made out to the Committee for it. Its importance to Dublin no one can overrate, and I trust it will be accepted by the Government.

COLONEL SAUNDERSON

If the honourable Member had been able to say that the two townships to which he has referred desire incorporation, that would have had great weight with the Committee; but, as a matter of fact, they are unanimously opposed to this incorporation. I do not think the Corporation of Dublin have shown to the townships outside that their management of the city of Dublin is such as to induce the townships to join them. For instance, the drainage of the city of Dublin is a disgrace to the city. The river Liffey is the main sewer of the city. All I can say is, if any inhabitant of an outside township desires to have his feelings aroused against the Corporation of Dublin, all he has to do is to stroll alongside the Liffey. I heard a story the other day of a man who tried to commit suicide in Dublin. He made determined and elaborate preparations to effect his purpose; he bought a rope, a pistol, and a quantity of poison. He swallowed the poison, then he tied the rope to a lamppost on Carlisle Bridge, and fired the pistol at his head. The shot, instead of hitting his head, struck the rope and cut it. The man fell into the Liffey, which was so foul that it caused him to throw out the poison, and so his life was saved. I imagine that that man entertains no very high opinion of the manner in which the Dublin Corporation attends to the drainage of their city. As the townships themselves spent an enormous sum of money in carrying out a most perfect system of drainage, they do not see why they should be included within the boundaries of the city. For these reasons I hope that the Government will refuse to entertain this clause, which is opposed unanimously by these townships.

THE FIRST LORD OF THE TREASURY

I quite recognise the importance of this subject, but I think the honourable Member will feel, and the Committee will feel, that so many interests are involved, and the matter so deserves and requires to be thrashed out before a Private Bill Committee, that it would be contrary to all precedent and all public policy if we make such a change in what I may describe as an appendix to a public Bill of this kind. I hope the honourable Member will feel the force of this observation, and will not press the Amendment now, although I quite recognise that it is a matter in which he naturally and properly takes great interest.

MR. J. REDMOND

Of course, under the circumstances I cannot press the' Amendment any further. If the circumstances were different, and the time were different, I think it would be necessary to have a long Debate on the subject, as the question is of so great importance. However, I have nothing to do now but to withdraw the Amendment.

Amendment, by leave, withdrawn.

New clause—

  1. "(1) There shall apply to Ireland so much as the Lord Lieutenant by Order in Council declares applicable of the Allotments Acts, 1887 and 1890, and the Local Government Act, 1894, as far as same relates to the acquisition, the hiring, and the letting of land for allotments.
  2. "(2) An Order in Council under this section may (a) apply any of the said enactments to both county and district councils, or to either of them, notwithstanding that they relate to county councils only, or district councils only, or to parish councils only; and (b) make such adaptations of the said enactments as appear necessary or expedient for carrying into effect the application thereof to Ireland."—(Mr. Power.)

Brought up and read the first time.

Motion made, and Question proposed— That the clause be now read a second time."—(Mr. Power.)

MR. POWER

A great deal has been done for the agricultural labourer, but nothing for the artisans and labourers living in towns. I propose that, there should be power to apply the Allotment Acts, of 1887 and 1890, and the Allotment Sections of the Parish Councils Act.

MR. GERALD BALFOUR

was under stood to say that the subject was receiving, the attention of the Government.

Amendment, by leave, withdrawn.

New clause— The council of an administrative county may pay out of the county fund, as general expenses incurred in the execution of their duties under the Local Government Act, 1898, any sum not exceeding thirty-one pounds in any one year as an annual or other subscription to the funds of any association of county councils which may be formed for the purpose of consultation as to their common interests, and the discussion of matters relating to local government, as well as reasonable expenses of the attendance of representatives, not exceeding in any case four, at meetings of the association."—(Mr. Dillon.)

Brought up and read the first time.

Motion made, and Question proposed— That the clause be now read a second time.

MR. DILLON

With one or two slight alterations, the wording of this clause is exactly the same as the clause in the English Act. The English Association of County Councils has become a most useful body, and I have no doubt that if a similar organisation is formed for Ireland it will have a like success.

MR. GERALD BALFOUR

I think there should be some experience of the working of the county council before an association of this kind is formed. I am afraid that if an association were formed immediately, the only effect would be to provide, at the expense of the county fund, a pleasant outing to members. Further, the clause, as drafted, would permit of more than one association being formed, which is an important departure from the English precedent. I cannot accept the proposal.

MR. DILLON

I shall not press it.

Amendment, by leave, withdrawn.

Motion made, and Question proposed— That the Bill be reported, with the Amendments, to the House."—(Mr. Gerald Balfour.)

MR. T. M. HEALY

I hope I may be permitted, on this Motion, to make myself the mouthpiece of a large body of Members of the House in offering a word of congratulation to the Chief Secretary in connection with the conduct of this Bill. We have been in conflict with him over a hundred clauses of the Bill, and, while we have had some very hard things to say of him, I do not think he has ever said one hard thing of us. The right honourable Gentleman has displayed those great qualities which most of us recognised during his conduct through this House of the Irish Land Bill. I congratulate him on his conduct of the Bill which we have just concluded. I believe it will not only add to his reputation and his credit, but to the credit of this House and the credit of his Party, and, I believe, to the benefit of our country.

Bill reported; as amended, considered.

THE FIRST LORD OF THE TREASURY

(rising in response to general cries of "Third Reading!") said: I should like, of course, to take the Third Reading now, from every point of view, but, Sir, the general indication of the course of business did not imply that the Third Reading would be taken this morning. Although no pledge was given by the Government, I am afraid that if any honourable Gentleman came down on Monday, and desired to express his views on the Third Reading, he might have some reason to complain when he found that the Bill had been read for the third time at the close of a long sitting at five o'clock in the morning.

COLONEL SAUNDERSON (Armagh, N.)

I beg to move that this Bill be now read a third time.

MR. SPEAKER

I cannot accept that, as the promoters of the Bill desire the Third Reading to be set down for Monday.

Bill to be read the third time upon Monday next.

Motion made, and question put— That this House do now adjourn."—(Mr. Gerald Balfour.)

Agreed to.

House adjourned at 5 a.m.