Dáil Éireann debate -
Tuesday, 17 Jun 1924

Vol. 7 No. 25

DAIL IN COMMITTEE. - ENFORCEMENT OF LAW (OCCASIONAL POWERS) BILL, 1924.—FROM THE SEANAD.

Mr. O'HIGGINS

I am asking the Committee to accept the amendments carried in the Seanad to the Enforcement of Law (Occasional Powers) Bill. Amendment 1 reads as follows:—

In Section 3, the words "immediately upon entry and before seizure" deleted in lines 23-24, and the following words substituted therefor "at any time after entering and before the removal of any property seized."

This amendment was accepted by me in the Seanad in response to a suggestion that a person may be absent from his home, and on coming back to it may find that property had been seized but not actually removed; that the official act of seizure or taking custody of the property would have been complete but that the removal would not be complete and on a strict reading of the Bill, in such a set of circumstances, it was not mandatory on the sheriff's officers to produce their authority. I accepted, therefore, the suggestion contained in the amendment. The suggested words are just a little broader, and provide for that particular situation outlined as a possibility.

Amendment put and agreed to.

Mr. O'HIGGINS

I beg to propose the following amendment:—"Before section 27 a new section inserted as follows:—

"From and after the coming into operation of Part III, of the Courts of Justice Act, 1924 (No. 10 of 1924) the under-sheriff or other officers executing the decrees of the District Court in civil cases shall, in the execution of such decrees have the like rights, powers, duties, and obligations as are by this Act conferred or imposed on an under-sheriff in relation to the execution of a writ of fieri facias.”

Amendments No. 2, 3 and 4 are really the same and arise out of section 82 of the Courts of Justice Act. Section 82 of that Act provides that the future District Court decrees shall be executed, not as in the past by the police, but by the under-sheriff, and the Bill does not define the powers of the under-sheriff in doing that work. The object of this amendment is to extend to the under-sheriffs in connection with the new District Courts the power which the Bill gives them to execute decrees of the other courts.

Amendment put and agreed to.

Mr. O'HIGGINS

I also propose the following two amendments:—

In section 28, after the word "Metropolis," line 29, the following words inserted: "and after the coming into operation of Part III. of the Courts of Justice Act, 1924 (No. 10 of 1924), a Justice of the District Court."

In section 28, the words "such divisional justices," line 31, deleted, and the words "any such justice as aforesaid" inserted in lieu thereof.

Amendment put and agreed to.