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Dáil Éireann debate -
Wednesday, 9 Apr 1924

Vol. 6 No. 38

DAIL RESUMES. - ENFORCEMENT OF LAW (OCCASIONAL POWERS) BILL, 1924—FOURTH STAGE.

I move amendment 1, which is as follows:—

To add to section 14, page 6, line 4, a new sub-section as follows:—

"(4) Not less than one month before making an order applying this section to a county or county borough the Minister shall publish notice of his intention to make such order at least twice in each of two or more newspapers circulating in such county or county borough."

The amendment is introduced in pursuance of an undertaking given by the Minister for Home Affairs to Deputy Johnson when the Bill was in Committee.

Question put, and agreed to.

at this stage took the chair.

I move Amendment 2, which is identical with Amendment No. 1, and is as follows:—

To add to section 24, page 8, line 35, a new sub-section as follows:—

"(2) Not less than one month before making an order applying this Part of this Act to a county or county borough the Minister shall publish notice of his intention to make such order at least twice in each of two or more newspapers circulating in such county or county borough."

Question put and agreed to.
Question—"That the Bill, as amended, be received for final consideration"—put and agreed to.

When do you propose to take the next stage?

Mr. O'HIGGINS

On the 25th April. I would like to state, with reference to certain undertakings which I gave on the previous stage, that I promised to consider whether the amount, £15, ought not to be increased.

I would not like Deputies to assume that because there is no amendment put down dealing with the matter that it was not looked into. I did consider it and discuss the matter, and have come to the conclusion that it is neither necessary nor advisable to increase the amount because, in fact, no under-sheriff sails at all close to the mark in making a seizure. It is never a matter of actually seizing down to the pennyworth or shilling's-worth of the £15, and the £15 in the law as it stands is an adequate margin having regard to the fact that it is never just a question of that exact sum.

I gave one other undertaking in connection with an amendment which Deputy Heffernan was pressing, dealing with the matter of third party claims. I looked into that also, and directed that Deputy Heffernan would be notified that I was not putting down any amendment. I am afraid the notification may possibly have reached the Deputy after the time for accepting amendments had expired. If that is so, and the Deputy has an amendment which he wishes to move, I would ask that the Standing Orders be not rigidly applied against him. I looked into the matter, and I am standing over the section as it is; and I do not see that there is room for an amendment. Any kind of an amendment that would be proposed to it would simply mean that the section might as well be deleted from the Bill, and it is considered a very important section. I am not moving an amendment, and would oppose any amendment moved: but, in view of the promise given to the Deputy, I would ask that the Deputy's amendment, if moved, should be considered and discussed.

Such an amendment might not be considered here, but might be put in in the Seanad.

Mr. O'HIGGINS

It would be considered here by leave of the House.

Verbal amendments only may be accepted. We have passed the Report stage. The motion that the Bill be received for final consideration has been passed.

Mr. O'HIGGINS

I did not think it was agreed to. If I were not speaking on that motion, I am not clear on what I am speaking, and my speech would be out of order.

Your speech was out of order. The motion has been carried.

I wish to inform the Minister that I got his letter about half an hour ago, and I did not get time to frame an amendment. I am not in a position to do so now, and I am not satisfied with the clause as it stands.

Mr. O'HIGGINS

There must have been a Departmental mistake. My instruction was that a telegram, and not a letter should be sent.

I thank the Minister for his suggestion to the Seanad that they should make sure that the public will not come to the conclusion that humanitarian sympathies are all deposited in the breast of the under-sheriff, and that the under-sheriff is much more likely to be humane and just in his dealings than the Dáil or the Seanad. If the Minister says it is outside thinking that an under-sheriff would go to the limit of £15, it seems to me a pity that the public should imagine that the Dáil is prepared to take a man's clothing up to the limit of £15, but that an under-sheriff would not think of doing such a thing.

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