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Dáil Éireann debate -
Friday, 15 Dec 1922

Vol. 2 No. 7

ADAPTATION OF BRITISH ENACTMENTS BILL. - OIREACHTAS SUBSTITUTED FOR PARLIAMENT.

(1) Every mention of or reference to Parliament or to both or each or either of the Houses of Parliament contained in any Act of the British Parliament having the force of law in Saorstát Eireann shall in regard to the doing or not doing of any act, matter or thing after the 6th day of December, 1922, in Saorstát Eireann be construed as a mention of or reference to both or each or either of the Houses or the corresponding House (as the case may be) of the Oireachtas and the expression "Parliamentary" in every such Act as aforesaid shall be construed accordingly.
(2) Every mention of or reference to the presentation of an address to His (or Her) Majesty by both or each or either of the Houses of Parliament contained in any Act of the British Parliament having the force of law in Saorstát Eireann shall as from the 6th day of December, 1922, be construed and take effect as a mention of or reference to the passing of a resolution by both or each or either of the Houses or by the corresponding House (as the case may be) of the Oireachtas.
(3). For the purposes of this section Seanad Eireann shall be deemed to be the House of the Oireachtas corresponding to the Peers' House of the British Parliament and Dáil Eireann shall be deemed to be the House of the Oireachtas corresponding to the Commons' House of the British Parliament.
(4). Notwithstanding anything to the contrary contained in this Section the expression "Act of Parliament" contained in any Act of the British Parliament having the force of law in Saorstát Eireann shall mean and include both Act of the British Parliament and Act of the Oireachtas.

I beg to move:— In line 30, to delete the words, "in regard to," and substitute the words, "as respects."

Would it not be better if it read, instead of "the case may be," as "the case may require," as we have got in a similar context?

Is that amendment accepted?

If the Dáil wishes.

We have no objection.

Will Deputy Magennis move the amendment now, definitely?

Yes. I beg to move the amendment.

Amendment agreed to.

I move, in line 35, to delete the words, "Act as aforesaid," and substitute the word, "statute."

Amendment agreed to.

I beg to move, in lines 39 and 40, to delete the words "Act of the British Parliament having the force of law in Saorstát Eireann" and substitute the word "British Statute." This is really prior to the last one.

It occurs again in line 40. This is an amendment in lines 39 and 40.

It is also in 29 and 30.

But that has been amended and passed.

Amendment agreed.

I beg to move, in line 44, for "the case may be,""the case may require."

We will take that as consequential throughout, then?

Amendment agreed to.

The next amendment is: Section 5, Sub-section 4, lines 53 and 54. To delete the words "Act of the British Parliament having the force of law," and substitute the words "British Statute." In the same Sub-section and the lines 54 and 55, to delete from "both" to the end of the clause, and to insert "Act of the British Parliament or Act of the Oireachtas," as the case may require.

"Both" is inclusive in that case.

Does the Clause read now: Clause 5, Sub-section 4: "Notwithstanding anything to the contrary contained in this Section the expression Act of Parliament contained in any British Statute shall mean and include either an Act of the British Parliament or an Act of the Oireachtas as the case may require"?

Amendment agreed to.
Motion made and question put: "That Clause 5 as amended stand part of the Bill."
Agreed.

In the next amendment there is a misprint.

That is an amendment to Clause 6?

Yes, in Clause 6 there is a date 28th December and that should be the 28th day of October.

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