Dairy Produce Bill, 1931—Committee Stage.
The Dáil went into Committee.
Sections 1, 2 and 3 agreed to.
SECTION 4.
(1) The Minister may serve a notice in writing (in this Act referred to as a returns notice) on any registered proprietor requiring such proprietor (whether he has or has not been previously served with a records notice) to do either or both of the following things, that is to say:—
(a) to make to the Minister within three days after the service of such notice a return in the prescribed form and containing the prescribed particulars of the amount of butter (if any) held in stock by him on the date in that behalf specified in such notice;
(b) until the Minister otherwise directs, to make to the Minister within three days after the expiration of every prescribed period ending after the date of such service a notice in the prescribed form and containing the prescribed particulars in relation to—
(i) the amount of butter held in stock by him on the first and last days of such period, and
(ii) the amount of butter (if any) manufactured or acquired or disposed of by him during such period.
I move:
In sub-section (1), page 3, to delete paragraphs (a) and (b) and substitute the following paragraphs:—
(a) to make in respect of the premises specified in such notice to the Minister within three days after the service of such notice such prescribed return or returns (each such return being in the form and containing the particulars prescribed in respect thereof) as may be specified in such notice in relation to the amount of butter (if any) held in stock by him or stored for other persons on the date in that behalf specified in such notice;
(b) until the Minister otherwise directs, to make in respect of the premises specified in such notice to the Minister within three days after the expiration of every prescribed period ending after the date of such service such prescribed return or returns (each such return being in the form and containing the particulars prescribed in respect thereof) as may be specified in such notice in relation to—
(i) the amount of butter (if any) held in stock by him or stored for other persons, on the first and last days of such period; and
(ii) the amount of butter (if any) manufactured or acquired or disposed of by him during such period; and
(iii) The amount of butter (if any) being the property of other persons put into and taken out of store during such period.
Deputies will see that Section 4 states that the Minister may serve a notice in writing on any registered proprietor. There are a number of registered proprietors. There are registered creameries and registered butter factories and other registered proprietors. The draftsman was of opinion that as the Bill stood only one prescribed form could be used and that the same prescribed form would have to be used for the purpose of serving a notice on, say, a creamery and a butter factory. It was considered that the powers should be more elastic and that the Minister might have power to have one prescribed notice for a factory and another for a creamery and hence the wording is changed as in the amendment. It is to ensure that a different prescribed form might be used for different establishments.
Mr. Hogan
Yes. We started to draft the regulations before the Bill was passed and submitted them to the draftsman. The draftsman pointed out that, under the Bill as it stood, one form only could be used, as the Bill speaks of a return "in the prescribed form." We had intended to use different forms, one for creameries and another for butter factories, as we thought it only right that there should be different forms. The draftsman gave it as his opinion that it would be necessary to have such powers under the Bill, and, therefore, it is proposed to change the wording of the section.
Amendment put and agreed to.
Section 4, as amended, agreed to.
Sections 5, 6, 7, 8 and 9 agreed to.
SECTION 10.
Every licence granted under sub-section (2) of Section 42 of the Principal Act and in force, by virtue of Section 1 of the Dairy Produce (Amendment) Act, 1927 (No. 35 of 1927), on the 17th day of December, 1930, shall be deemed to have remained in force until the passing of this Act and shall, if the premises to which such licence relates were registered in the register of manufacturing exporters on the passing of this Act, remain in force until the 31st day of March, 1933, but shall continue until that date to be subject and liable to revocation by the Minister as and when he thinks proper.
Question proposed: "That Section 10 stand part of the Bill."
I should like to ask the Minister if he is satisfied that he will not have to come to the Dáil again in March, 1933.
Mr. Hogan
The date mentioned in this section is only eighteen months away, and I think it would be advisable to give another twelve months, because the Minister has power at any time to withdraw a licence.
Mr. Hogan
I am agreeable to make it 1934.
Amendment: "In Section 10, page 5, line 13, to delete the figures `1933' and substitute therefor the figures `1934,' " put and agreed to.
Section 10, as amended, agreed to.
Title agreed to.
The Dáil went out of Committee.
Bill reported with amendments.
Fourth Stage to be taken on Wednesday next.
