HC Deb 21 March 1899 vol 68 cc1564-5
MR. W. JOHNSTON (Belfast, S.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that the Local Government Board advised the town clerk of Cork that the by-laws of the old Corporation would remain in force till rescinded, but that the Mayor of Cork subsequently declared that all the old rules and by-laws were swept away by the Local Government Act; whether the council exceeded their powers by expending certain sums of money belonging to the ratepayers; whether he is aware that the town clerk was prevented from answering certain questions put to him by Sir John Scott, ex-Mayor of Cork, concerning the correspondence with the Local Government Board: and whether the Local Government Board will take any action in consequence of the conduct of the Cork Council?

MR. CREAN (Queen's County, Ossory)

Before that Question is answered, may I say that no intimation was given to me that it was to be put, and, as a portion of it referring to me is altogether inaccurate—

*MR. SPEAKER

Order, order! The honourable Member is not entitled to comment on the Question.

MR. GERALD BALFOUR

I am informed that the town clerk of Cork stated that the by-laws of the old Corporation would remain in force till rescinded. This is provided for by Article 44 of the Application of Enactments Order in Council, dated the 22nd December last, and the Local Government Board did not address the Corporation on the subject. The statement made by the Mayor appears to have been to the effect quoted in the first paragraph. The Local Government Board have no knowledge of any proceedings of the nature indicated in the second paragraph. If, however, the council have exceeded their powers, their action will be subject to review by the auditor. The questions put to the town clerk by Sir John Scott were, it appears, for the purpose of testing the validity of the Mayor's ruling, which Sir John Scott contended was not in accordance with the Standing Orders. The town clerk obeyed the order of the Mayor as chairman, and did not answer Sir John Scott's interrogatories. The only action which it is competent for the Local Government Board to take in the matter is to inform Sir John Scott of the bearing of the new Act upon the points raised by him at the meeting of the Corporation.

MR. CREAN

May I make a personal explanation, Sir? The statement I made was not as suggested in the Question, but that the new Act kills the old Corporation, and any resolution of that body could be set aside by the new body constituted by the new Act. The resolution which we complained of as set aside—

MR. SPEAKER

Order, order! This hardly comes within the rule applying to personal explanations.

MR. FLYNN (Cork, N.)

Have the Local Government Board, as a matter of law, any power whatever to interfere with the Corporation of Cork?

MR. GERALD BALFOUR

None.

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