Dáil Éireann - Volume 8 - 10 July, 1924
PRIVATE BUSINESS. - DUBLIN UNITED TRAMWAYS BILL, 1924.
AN CEANN COMHAIRLE Michael Hayes
AN CEANN COMHAIRLE: A report from the Joint Committee on the Dublin Tramways Bill was presented yesterday, and its consideration was adjourned until to-day.
PADRAIC O MAILLE PADRAIC O MAILLE
PADRAIC O MAILLE: Ba mhaith liom tairsgint a chur os comhair na Dála go glacaidh an Dáil leis an tuarasgbhail ón Choiste. Tá sé mar leanas:
“The Joint Committee on Standing Orders relative to Private Business report that in the case of the application for leave to introduce the Dublin United Tramways Bill, 1924, they received an appeal lodged by the promoters of the Bill against the decision of the Examiner that the Standing Orders had not been complied with; that they have dismissed the appeal and affirmed the decision of the Examiner, that they recommend that compliance with Standing Order No. 8 be dispensed with in this case, and that leave be given to introduce the Bill.”
I propose that the report be agreed to.
In connection with this matter it might be as well to state that in addition to possessing other functions the Joint Committee on Standing Orders is a committee of a semi-judicial character for the purpose of hearing appeals from the decision of the Examiner of Private Bills with respect to compliance or non-compliance with Standing Orders and of hearing requests for dispensation with Standing Orders. Due notice is given of the sitting of the Committee, and all parties who have appeared before the Examiner  whether as promoters or as opponents on Standing Orders are entitled to appear before the Committee and to argue the case by their parliamentary agents. The Committee may call witnesses before they agree to report.
The Committee may reverse the Examiner's decision or affirm it. In either case or on the hearing of a request for dispensation they may or may not recommend dispensation with the Standing Orders. If they recommend dispensation they may do so unconditionally or subject to certain conditions being fulfilled.
The Committee in their report do not explain the grounds of their determination. It is their province to consider equitably, with reference to public interests and private rights, whether the Bill before them should be permitted to proceed. The Committee investigate whether the promoters appear to have attempted any fraud or have been guilty of gross negligence or whether their errors have been the result of mere accident. The importance of the orders violated, the character and number of separate interests affected influence the Committee in their decision.
The House would not be competent to decide the merits of any particular case unless the interested parties appeared before it and set forth their arguments and, if necessary, produced witnesses.
It is felt, therefore, that the House should accept the recommendations of the Joint Committee unless for some special reasons it was considered that the Report should be referred back with a special instruction to inquire and report whether the special circumstances were such as to render it just and expedient that the Standing Orders should or should not be dispensed with. I beg to propose the Motion.
Mr. JOHNSON Mr. JOHNSON
Mr. JOHNSON: The Deputy's appeal has been so persuasive, and his arguments so conclusive and lucid, that I will withdraw my opposition.
Motion agreed to. Report adopted.
Dáil Éireann 8 PRIVATE BUSINESS. DUBLIN UNITED TRAMWAYS BILL, 1924.