§ MR. CLANCY (Dublin County, N.)To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been drawn to the demand made on the Dublin County Council by the Local Government Board for Ireland for payment of the costs for holding a local inquiry in reference to the division of the suburban district of Rathmines into wards; whether he is aware that, though the inquiry referred to was held by the Local Government Board, it was declared by that body itself to be illegal, on the ground that the Board had no power-to do that for which the inquiry was held; whether there is any precedent for such a demand; and whether the demand will be persisted in by the Board.
70 (Answered by Mr. Walter Long.) The Local Government Board applied in due course to the Dublin County Council for payment, under Article 32 (3) of the Schedule to The Local Government (Application of Enactments) Order, 1898, of the costs of the local inquiry held by them into the appeals lodged against the Order of the Dublin County Council altering the wards of the Rathmines Urban District. The county council, however, refused to pay these costs, on the ground that the inquiry need not have been held, as the Local Government Board might have decided the legal point against the Order before it was raised. The Board have pointed out that the lodgment of petitions against the Order of the county council rendered it obligatory on them to hold the inquiry, that the legal point was not raised until the inquiry was held, and that even if the Board had been aware of the legal point they were nevertheless bound by statute to hold the inquiry before adjudicating in the matter. The Board are required in all cases where local inquiries are held to recover the costs thereof from the local authorities, and must follow the usual course in this case.