§ MR. CAREW () Meath, S.On behalf of the hon. Member for North Donegal, I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether, seeing that the Local Governments Board auditor certified on 27th September, 1902, that the tax levied upon the guaranteeing area for the Buncrana to Carndonagh Railway was fully justified and was paid legally by the County Council of Donegal, and that the Commissioners of Public Works in Ireland have been advised that the County Council were not bound to make any payment under the guarantee until the line was open for traffic, and that payments certified by the Local Government Board auditor were consequently illegal, will the auditor be called upon by the Local Government Board for an explanation; and will steps be taken to have the amount so paid and levied 850 recouped to the ratepayers of the guaranteeing area?
§ THE CHIEF SECRETARY FOR IRELAND (Mr. WYNDHAM,) DoverThe hon. Member is under a misapprehension. The Local Government Board auditor did not decide that these payments were legal. He merely decided that he had no power to go behind the certificates of the arbitrators appointed under the 6th Section of the Tramway Act of 1883. The Board of Works have been advised that the arbitrators acted ultra vires in granting these certificates; that their award was not binding on the Council; and that the payment of the sum of £300 thereunder was a voluntary payment, which they were not bound to make. It is for the County Council to take legal proceedings to have the matter determined, not for the Government.