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Seanad

DUBLIN PORT AND DOCKS (BRIDGE) BILL, 1927. - BARROW DRAINAGE BILL, 1927—REPORT.

Bill Barrow Drainage Bill 1927
Enacted

No. 9 of 1927 ›

The following amendment stands in my name:—

"Section 8. Before sub-section (5) to insert a new sub-section as follows:—

"(5) (a). The foregoing provisions of this section shall not apply to the compensation (if any) to be paid to the Grand Canal Company in respect of permanent injury to the navigation of the River Barrow and the Canals connected therewith by the execution of the said works.

"(b). On the expiration of five years after the works to be executed under the scheme shall have been completed, the Grand Canal Company may require that the questions whether any permanent injury has been occasioned to the said navigation by the execution of the said works and whether any permanent benefit has been occasioned to the said navigation by the execution of the said works shall be referred to the arbitration of a competent engineer appointed by the Minister for Industry and Commerce, and such engineer shall also determine whether any and, if any, how much compensation is payable to the Grand Canal Company in respect of such permanent injury (if any) after taking into consideration such permanent benefit (if any). The costs of both parties of such arbitration shall be in the discretion of the said arbitrator."

The House will recollect that the object I had in putting down this amendment in Committee was to give the Canal Company five years after the completion of the work, for the purpose of ascertaining exactly what damage had been done to their navigation. If the term ran for five years from the draft award they might not discover in the meantime what damage had been done, because the real damage they feared was the damage from an extremely wet year. I proposed that the arbitration should not take place for five years after the completion of the work. On the Committee Stage the Minister raised the objection that there were financial difficulties in the way which would practically make that impossible. I have discussed the matter with the Minister since, and I am satisfied that the objection is a sound one. I am also relieved to know that the work will not be finished for something like 2 or 3 years. In the meantime a good deal of the damage—perhaps all if there happens to be a wet year—that the Canal Company will suffer in that time will have been done. It is not practicable to carry this amendment, and I do not move it.

Comment on this

This amendment was put down to meet the point raised by Senator Brown and covers what he was anxious to get in under his amendment.

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CATHAOIRLEACH

There are a number of amendments standing in the name of Senator Brown all to the same effect.

Comment on this

The following are the amendments.

Section 27, sub-section (1). After the word "bridge" in line 54 to insert the words "or any canal bridge or canal works."

Section 27, sub-section (1). Before the word "bridge" in line 57 to insert the words "or canal."

Section 27, sub-section (1). Before the word "bridge" in line 59 to insert the words "or canal."

Section 27, sub-section (1). Before the word "bridge" in line 60 to insert the words "or canal."

Section 27, sub-section (1). Before the word "bridge" in line 62 to insert the words "or canal."

Section 27, sub-section (1). Before the word "bridge" in line 65 to insert the words "or canal."

Section 27, sub-section (1). Before the word "bridge" in line 66 to insert the words "or canal."

Section 27, sub-section (1). Before the word "bridge" in line 3 to insert the words "or canal."

Section 27, sub-section (1). Before the word "bridge" in line 5 to insert the words "or canal."

The object of these amendments was to give the same kind of protection to the canal company as the railway got under the section as it stood in the Bill. I have since ascertained that the only real work on the canal which is likely to be interfered with is an aqueduct which is going to be underpinned. None of the bridges which are road bridges over the canal are likely to be affected. I do not move the amendments as the Minister has put a provision in the next amendment to meet me.

Comment on this

I put down this amendment to cover the point that was mentioned by Senator Brown. I think the Senator is satisfied that the amendment meets his point.

Comment on this

I am.

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CATHAOIRLEACH

That concludes the Report Stage of this Bill but the House may recollect that Senator Barrington stated he had an amendment that he considered was an important one, and which he was anxious to move. I did not like to deprive him of the opportunity of doing so, so, with the indulgence of the House I shall hold over the Report Stage until to-morrow for the purpose of receiving Senator Barrington's amendment.

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