HC Deb 29 May 1902 vol 108 cc912-5
MR. T. M. HEALY

I beg to ask the Secretary to the Treasury whether he is aware that when the Local Government Act passed the Treasury compelled the County Council of Dublin to surrender the offices at the four courts occupied by the grand jury; that the Treasury have now intimated that they will no longer pay the County Council of Dublin rates on a valuation of £1,753 for the Phoenix Park, which was paid to their predecessors the grand jury; and that the County Council only heard indirectly of this refusal from the Commissioners of Valuation, who explained that the omission of the park valuation was due to Treasury decision; will he explain what discretion is given to the Commissioners of Valuation to alter their valuations at the orders of the Treasury; what precedent exists for the Treasury making legal decisions on rating questions, and communicating them to the Irish Valuation Office; and will the correspondence between the Treasury and the Valuation Commissioners be laid upon the Table; were the Irish Law Officers consulted as to whether the English rating decision, on which the Treasury rely, has any application to Ireland; if not, who advised the Treasury that the case of Brockley Park, vested by private Act in definite public trusts in the London County Council, governed the case of a royal park in Dublin, which has been held not to be a public place; has the action of the Treasury received his sanction, and, if so, will he allow it to be legally tested by a petition of right at the suit of the Dublin County Council.

MR. AUSTEN CHAMBERLAIN

Two entirely distinct subjects are involved in this Question. As regards the first, I have ascertained that, in reply to a letter from the County Council asking for the continued use of the old grand jury rooms at the four courts, and for the allocation of an additional room or rooms, the Board of Works, in June, 1899, in-formed the County Council that they could not contemplate the prolonged occupation by the Council of these rooms, though they desired to meet the convenience of the County Council in regard to the date on which they should be given up, and that it was quite impossible for them to allocate additional rooms. It was clear that the space formerly occupied by the grand jury was quite insufficient for the purpose of the County Council; and, whatever reason may have originally existed for having the grand jury offices in close connection with the courts, did not apply in the case of the County Council. As regards the rating of the Phœnix Park, the Treasury have decided that in future no contributionf in lieu of rates shall be made in respect of such portion of the Phoenix Park as is unenclosed and open to the public, or of the bailiff's residence and certain lodges. I regret that, by an oversight, the local authorities were not informed of the reason of this change. No alteration has been made in the valuation of the park, nor have the Treasury made any legal decision on the subject. They have however, always reserved to themselves the right to decide in the last resort upon any disputed question in connection with the contribution voluntarily made by His Majesty's Government in lieu of rates, in whatever part of the United Kingdom it may arise. The Irish Law officers were not consulted in this case. I cannot undertake to lay any inter-Departmental correspondence, nor is this, in my opinion, a proper subject for a petition of right as the contribution, is a purely voluntary act on the part of the Government. I have, however, been in correspondence with the County Council on the subject, and shall be happy to consider any further representations they may make.

MR. T. M. HEALY

Will the right hon. Gentleman answer that part of the Question which he has carefully avoided, as to what right the Treasury had to interfere with the Valuation Office.

MR. AUSTEN CHAMBERLAIN

They have not interfered.

MR. T. M. HEALY

Was not a letter sent by the Treasury to the Valuation Office telling them to omit this valuation?

MR. AUSTEN CHAMBERLAIN

The valuation has not been altered. The Government are under no obligation to make any contribution, and they have a perfect right to decide whether any contribution should be made, and, if so, to what extent.

MR. T. M. HEALY

Have the Treasury not communicated with the Valuation Office telling them to omit this valuation from the rate?

MR. AUSTEN CHAMBERLAIN

Yes, Sir, they have communicated with the Valuation Office. They told them that no contribution was to be paid in respect of this property, but they have not interfered with the valuation.

MR. T. M. HEALY

What power have the Treasury to order the Commismissioners of Valuation to omit this property?

* MR. SPEAKER

Order, order!

MR. CLANCY (Dublin Co., N.)

May I ask whether the Treasury base their action in this matter on a legal decision, and, if so, on what decision.

* MR. SPEAKER

That is not the Question on the Paper. This is leading to a debate.

MR. CLANCY

I think there is a reference to it in the Question.

MR. T. M. HEALY

Then I will ask the Attorney General for Ireland——

* MR. SPEAKER

Order, order! The hon. Member must give notice if he intends to ask a Question of another Minister.