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Dáil Éireann debate -
Tuesday, 14 Jun 1932

Vol. 42 No. 9

In Committee on Finance. - Control of Manufactures Bill, 1932—Second Stage.

I move: "That this Bill be read a Second Time." The Title is: "An Act to make provision for controlling the carrying on of manufactures in Saorstát Eireann." Deputies who have read the Bill will have learned that its purpose is to ensure that it will be possible to exercise control over the number and the nature of external firms which may engage in manufacture in the Saorstát in the future. No new restrictions are being imposed by this Bill on any firm which was engaged in manufacture here prior to the 1st of June in this year, nor upon any Saorstát owned firm which may become established here at any time. The Bill does not preclude the possibility, should the necessity arise, of taking special action in relation to a particular industry. It deals with the general situation, and it is intended to ensure that the Executive Council will have power to exercise general supervision over the external firms which may be engaged or may propose to engage in any particular form of manufacture in this State. The Bill provides for the issue of licences to such external firms, that is, that the Executive Council on receipt of an application from an external firm for permission to engage in a particular form of manufacture here, may issue a licence subject to whatever conditions are deemed necessary. And that licence will operate to enable that firm to engage in that particular form of manufacture, and it shall not be subject to withdrawal except upon the application of the licensee, or upon the conviction of the licensee for an offence under this Bill.

The general purport and scheme of the Bill are, I think, clear. The main question that arises for discussion at this stage is the necessity for it. Since the terms of it were published various descriptions of it have appeared from time to time in the daily Press. The usual adjective applied to it was "grasping." On each occasion when that description of the Bill appeared in some newspaper I reread it, and on each successive rereading of this Bill I became progressively more and more astonished at its moderation. I am not boasting of the moderate nature of its provisions here; I am apologising for it. This Bill is extremely moderate, and in my opinion it reaches the barest minimum which any Government starting on a protective policy in a country like this would have to undertake. We are endeavouring to undertake and promote rapid industrial development in this country. We are in the process of imposing a system of protective tariffs designed to ensure the production in this country in much greater volume, of goods which were produced here heretofore, and some classes of goods which were not produced in this country before this.

It is inevitable, following the adoption of a policy of that kind, that firms which formerly supplied our markets from other countries being now deprived of that market by these tariffs, will endeavour to follow their customers and to get over the tariff wall by transferring their factories bodily behind them. That is in fact what has happened. It was because such was likely to be the result of any general system of protection, and because the powers such as we propose to take in this Bill were not in the possession of our predecessors, that the machinery established by them for the consideration of tariff applications was largely nullified.

There were many people engaged in industrial enterprises of one form or another here who desired and required the assistance of protective duties, but they deliberately refrained from making application for these duties to the Executive Council then in office because they realised that the success of their application might easily result in the worsening of their position consequent upon the coming into this country of their rivals and a deliberate campaign of underselling them in these markets. The firms engaged in industry here are for the most part small firms. They represent the enterprise of private individuals who risked their savings in a pioneering attempt to establish certain forms of manufacture. They were in competition and are in competition with highly capitalised, highly developed combines. It would be an easy matter for any very large, very efficient, financially powerful firms which operate in the neighbouring country and which have been supplying this market to put out of business any Irish firm which offered anything like serious competition to them.

When this Government took office and embarked upon this protectionist policy I had continuous representations from manufacturers of all kinds for the introduction of legislation of this nature. These manufacturers do not intend to avoid competition; they do not want to be secured a monopoly in this market, but they do want to be secured against competition of a kind against which they could not stand and against which they should not be expected to stand. We realise that if we are going to get the form of industrial development that we desire in this country it will be necessary to offer some additional inducement to the owners of capital to risk that capital in Irish industries. For a very large number of years those who put money into Irish industrial enterprises of that kind were regarded as foolhardy. A very large number of them lost the money they invested.

If we are going to get development here we must secure Irish industrialists not merely against unfair competition from abroad but also against that form of competition which can be undertaken by a branch factory established here, in a position to spend a very large sum of money in order to secure the market of their competitors. It is to establish that form of protection that this Bill is introduced.

I do not think it should be necessary for me to explain to this House why it is much more desirable that industrial development here should take place with the assistance of Irish capital and under Irish control than entirely by foreign capital and under foreign control. The foreign firms, which had been formerly supplying this market from England and the Continent and which, in consequence of the duty, finding itself cut off from its customers, decided to establish a branch factory here, would never attempt through that branch factory to do more than supply this market. There is always a possibility of an Irish firm either as a result of a lucky chance, good management or some natural advantage, acquiring an export trade. The branch factory of a foreign firm will never undertake any foreign trade.

What about Ford's, of Cork?

I am speaking in general terms now. The factory in Cork was established here, not for the purpose of supplying this country, but for the purpose of supplying the whole of Europe, and, obviously, very special considerations existed in respect to it. I do not think the principle of my general contention has been contested. It has been admitted by Deputies on the opposite benches from time to time. It is necessary, however, that I should make it clear what the attitude of the Government is on the general question of foreign capital in an Irish industry. The Government has on general grounds no objection to the investment of foreign capital in Irish industries provided that foreign capital does not also involve foreign control. Foreign control usually means not merely that the policy of the factory, if I may so describe it, is directed without regard to the circumstances of the interests of this country, but also that the executive posts, the positions in the factory requiring special skill of one kind or another, are usually retained for foreign operatives brought in with the capital. There are a number of factories operating here now controlled by foreign firms or foreign combines of one kind or another and it can be truly said that every responsible post or the majority of responsible posts are filled not by natives of this country but by natives of other countries. The Irish are retained in the position of hewers of wood and drawers of water, as unskilled or semi-skilled workers, and seldom get a chance of acquiring the skill which under more favourable circumstances they might have acquired.

We have no objection to foreign capital in Irish industry if it does not mean foreign control. We do not object to foreign companies establishing branch factories here where there is obviously room for them, where it is to our advantage that they should come in here, and where we are in the position to institute such regulations and safeguards as in our opinion are necessary to protect our own interests. We have, however, certain objections and we intend to use the powers which we propose to secure under this Bill to provide that external companies will not dominate any industry. There are some industries which, at the present time, are dominated by external companies and, under any circumstances, that dominance may create a very dangerous situation. Deputies who have been reading the contemporary history of other countries will realise that is the case. Deputies who have been for six months past preaching against Communism in all moods and tenses and trying to agitate the people into believing that there was imminent danger of a Communistic uprising here will, I am sure, support this Bill because one of the surest means of promoting the growth of Communism in this country is to permit here the development of that kind of capitalism which breeds Communism.

Or by creating monopolies.

This Bill creates no monopolies. This Bill does not limit in any way the number of firms and individuals that may engage in any industry. It limits only the number of external companies, external firms, that may engage in an industry. In certain cases in respect of industries not now existing here it may be necessary to grant monopolies in order to get these industries established because there are classes of goods in respect of which the economic unit of production is represented by the entire consumption of our market. If we are going to get, as I think we will get, some of these industries established here in the near future, it must be on the basis that whatever factories are established will be secured a market which will permit of their efficient and economic working.

But this Bill is not designed for that purpose. This Bill is designed merely to ensure that we will exercise more control over the number and the nature of foreign companies that may engage in any particular industry. There is no restriction upon the number of native companies, nor is there any new restriction imposed upon companies already established. If monopolies are to be granted they should be granted, in my opinion, by a special Act of the Dáil.

The passage of this Bill may take some time. In the meantime, there are numbers of foreign companies either contemplating or making arrangements for the establishment of factories in this country. In order to ensure that there will be no unnecessary delay occasioned by the introduction of this measure in the establishment of these factories where, in our opinion, it is desirable these factories should be established, we propose to bind ourselves, where we consider it advisable to do so, to issue a licence under this Bill, if passed, to any such company as to the desirability of which coming in here we are satisfied. In view of the fact that such legislation as this was anticipated, practically every foreign company which has established or is establishing itself here approached the Department of Industry and Commerce to ascertain its attitude towards their proposals. There were one or two exceptions. Wherever we have already expressed approval of these proposals and encouraged the firms concerned to go ahead, we will feel ourselves under obligation to issue a licence under this Bill when it becomes law.

I do not know if it is necessary for me to go into the details of the measure at this stage. We will have another opportunity of doing that in Committee. In any case, its provisions are easy to understand.

I am not so sure about that.

The main design behind it is to secure that we will have here in the future an Irish Ireland, not merely in the cultural sense but in the economic sense as well. We think whatever development is going to take place here should not run counter to that idea and, in order that the Government may have in its hands the necessary directive power, this Bill is necessary. It is a long step towards the end we have in view. It is almost impossible to imagine what arguments can be advanced against its passage or what grounds can be adduced for opposing it. I confidently recommend it to the Dáil. I am satisfied that everyone who knows the circumstances of this country, who realises the possibilities of the future and wants to secure for Irish people an opportunity of profitably investing money in Irish enterprise, will agree that this Bill is necessary and urgently necessary.

There is a very large amount of Irish-owned capital now invested throughout the world. It runs into the figure of well over £100,000,000. There is room and need for that capital here. Those who have witnessed the fate of various industrial enterprises in this country in the past prefer to take what they consider the lesser risk of Hatry securities and similar foreign investments because of the absence of power in the hands of the Executive, power such as we propose now to acquire. If we have this power, if we can secure for the investors in Irish industry that so long as they are given good service, and in maintaining proper conditions and meeting the needs of our people in respect to the classes of goods they are producing, they will not be subjected to competition by powerful foreign firms engaged in the same business establishing branch factories here, we will be able to get that development which all parties profess to desire and which is now taking place for the first time.

The Minister, in the peroration of his very inadequate statement upon this Bill, has appealed to us to accept the measure as an attempt to bring about an Irish Ireland, not merely in the cultural sense. In the business sense it is going to be an Irish Ireland plus such licences as the Minister will, in his exceptional need at a particular time, agree to grant to the non-Irish Ireland element desiring to come into this country. That is the peroration of a statement, the opening terms of which seemed to me to stress the Minister's anxiety to have it made clear that nothing in the measure shall interfere with any company established at this moment. We start off with a position in which there is such economic penetration as to make the Minister feel fearful for the future. Yet we do not touch any of the firms already established here. We find the Minister's keen anxiety is for fear this measure should not get a hurried passage in the House and he states not merely his proposal, but what has been accomplished to date, namely, that the Ministry have bound themselves to grant licences as if this Bill were through. One would have expected to hear from the Minister some details of the dangers that have come on the country through economic penetration. We have had nine years of a tariff regime in the country, a tariff regime, which, in the ten years, but spread out over the ten years, accomplished the tariffing of 50 per cent. of these imports into this country which, on any consideration, could be considered likely material for tariffing at all and one would have thought, if economic penetration had all the dangers that the Minister seems to think inherent in it that there would have been some, if I might use the Minister's special word, "casualties" in the economic sense to which he could have referred, casualties due to economic penetration of the bad type.

What is the situation with regard to the tariffed industries or with regard to industry at all in the country? There are about three items of manufacture about which it can be said that foreign combines have established, either a controlling interest, or something in the way of a strong interest in this country. In tobacco, the foreign firms have a majority of the business in the country. So far as another tariffed item, soap, is concerned, foreign firms can be said to have a majority interest if not a controlling interest in the country, and, outside these, I know of no item, except, possibly, the item of jam manufacture, taken as part of what is tariffed under the heading of sugar confectionery, in respect of which it can be said that foreign firms have established an ascendancy. What is there peculiar about tobacco and candles or soap and jam that these things should have been singled out? Nothing peculiar to this country, nothing peculiar to the weakness of the industrialists in these branches of industry here, but simply this, that tobacco is almost everywhere regulated by vast combines; that, so far as this island, and the neighbouring island, and a considerable part of the continent, are concerned, soap, with its ally, candles, are almost entirely under the control of big combines, and, so far as the neighbouring island is concerned, the manufacture of jam has dropped into the hands of certain big firms. But there cannot be pointed out any item of industry in this country on which there was an attack made due to the inherent weakness of the industrialists in this country, or, if there was, I think it was meet that in a Bill of this sort, that particular item should have been stressed, and we should have been told where were the evidences of the damage done by economic penetration of this type. I am sure that I will be told, in answer, to look at the flour milling position, but I want people to understand in discussing this Bill, that when I have mentioned tobacco, Gallaher's is entirely outside the scope of this Bill, and when I mention flour milling, Rank's, or any other firm in from outside, is entirely outside the scope of this Bill, if they were here prior to the 1st of June of this year.

Mention of Gallaher's brings to mind an item that will have to be considered in the consideration of this measure. This is a proposal of the present Government to keep supervision over foreign firms, and one would have thought that the counter to that was that, once a foreign firm subscribed to whatever was in this Bill, it could count on having national treatment hereafter. As I say, Gallaher's can establish themselves for national treatment under this Bill, and we know they are not getting it. We hear that the flour milling industry is to be controlled in some special and peculiar way with the possibility of foreign firms, which could also establish themselves under this Bill, not getting treatment equivalent to what the nationals are getting. Is this Bill going to attract, is it intended to attract, economic penetration from outside, when that economic penetration is considered desirable by the Government? Is it, on the other hand, going to achieve another end? Is it going to keep out of the country those who would want to come in, but not on the conditions the Ministry seek to impose under this Bill? Let me take the first item. I take it from the Minister, and from his anxiety about firms coming in at this moment, and his special anxiety that they should not be held up by reason of any delay in the passage of this measure, that he sees the necessity of getting in certain foreigners at this moment, in order to help him in the swift development he foresees under his tariff policy. What security does that measure hold out to foreigners coming in to this country? Let us take the situation as it may develop in the future, comparable with what we have seen happening in the case of Gallaher's. Foreign firms get a licence under this, because it is the Minister's opinion that it is desirable, that, in certain branches of industry, the foreigner should come in. The foreigner is presumably coming in because the native manufacturer is not there in sufficient number to supply the requirements of the country. Is the foreigner going to be given the whole of the business of meeting the country's requirements? I should imagine not. There is going to be mixed competition internally, as between the foreign firm licensed and the native manufacturer who sets up.

Let us move on a year or two, when we have both sets of manufacturers in competition in the country, and let us imagine another sorely pressed Minister for Finance deciding that it is time to tax some of the goods produced by these mixed combines. Supposing we find the new situation developing that under an impost, the native firms will not be able to bear the burden, and the foreign firms may. Are we going to have again the same type of discriminatory taxation that we have in regard to Gallaher's, and, if so, what is the security for those whom the Minister now seeks to bring in under licence because he needs them, at this moment? He may not need them hereafter. Has any foreigner coming here any guarantee under that measure, that he is going to have national treatment, and if not, what are the chances of enticing in these people to meet the desperate need of the Minister if he is going to get this swift development he talks of? Let me take a particular side of it. Has the Minister any example in the legislation of any other country of a measure like that, a measure which gives the political head of a certain Department of State so much control, so much inquisitorial powers, prior to the control, and so much control, thereafter, as this gives to the Minister for Industry and Commerce? Is there any example of legislation of this sort, and, if there is even any example of legislation very much below what this is, has the Minister any example of the successful working of legislation which aims at something akin to this although not of the same flight as this particular measure?

The holding companies are referred to in one part of this. Has the Minister security that the holding companies section is water-tight? Does he believe that it is not going to be possible to get arrangements made, whereby there will be what will pass, certainly, as Irish companies established, with what he objects to — control definitely outside? I take one point alone. The Bill turns upon the amount of issued capital held by those who are to be considered nationals of this country. The issued capital is to be related to shareholding, and to get at what is in the Minister's mind on that one has to turn to the definition of "shares." The word "shares" is to be construed as including stock but excluding debentures or debenture stock. The foreigner apparently can hold, in its entirety, the debenture stock issued in connection with any company, while the native has got to be content with the shares. That, at any rate, is all that the Bill looks to. Can those who hold debenture stock in a company not rule the company in the end, and, if that is so, apart from any other weaknesses in the Bill, what is this going to achieve in that regard?

I suggest that the Minister has a much better way of keeping foreigners out of the country than by this measure. Let him preserve Gallaher's factory empty and parade any foreigners up to look at Gallaher's and recite the story of the taxation and recite his own speech about casualties, and if he gets foreigners to come in under those auspices they are certainly coming in to turn their money over as fast as possible on the definite certainty that they are going to go very soon.

There are examples of legislation to control outside companies in quite a number of the nations of the world. Not this type of legislation, but legislation with something of the same aim has been occasionally attempted in other countries. But there has been some line of principle running through. In the main, one finds that the legislatures of different countries have been at pains to secure for their nationals this: that there will be considerable publicity given to the fact that a company proposing to open business in a particular country is labelled as foreign and it is made known to everybody who might possibly be drawn to invest in that company that it is a foreign company and therefore to some extent outside the control of the national legislature. That type of legislature generally confines itself to insisting that names will be registered in a particular way and that in the main, as far as this type of legislation is concerned, particulars will have to be filed with regard to a foreign company that would not be filed in the case of the native companies. Such legislation is intended for the eyes of people likely to invest so that they will not have it to say that they did not know it was a foreign company and therefore outside the control of the legislature.

Sometimes legislation of this type goes a little bit further and imposes extra requirements on foreign companies with a view to seeing that they do pay more readily and promptly than in the way of ordinary taxation. For instance, where a company seeks to found itself it has to pay three years in advance the average of the taxation likely to be imposed on it. That is a safeguard to ensure that no company coming into a country does business for a short while and then fades away. There are also other types of legislation aiming at the protection of the home manufacturer and that protection is generally given by insisting on a certain extra payment, sometimes called an "admission" or "admittance" fee. Sometimes an extra corporation tax is put on; sometimes an extra impost by way of income tax. But never yet has it been declared that whether or not a business is to be allowed to come into a country is to be dependent upon the will of a Minister.

Deputies

Hear, hear.

And that is the element in this Bill that must strike everybody hard. I might even suggest in connection with that that it is to be the Minister on his sole discretion, unassisted by any outside body set up, that is to analyse what are the requirements ordinarily to be put on a company seeking to engage in business here. It is the Minister alone. Recently, when a country near us decided on a tariff policy they decided also to have a Tariff Commission, and an interesting discussion occurred about a fortnight ago when a proposal came forward to give that Commission power to remove certain goods from the list of tariffs or to put others on it. A considerable volume of opposition was aroused on the ground that it seemed to be handing over the control of a representative body, over matters that approximated to taxation, to an outside body that had not that representative element in it. The general opinion of the representative body came to this in the end: that they preferred to see the outside body entrusted with that responsibility for the big reason that it did away with every possible element of corruption and every possible element of lobbying in the interest of tariffs; and their only demand was that the outside body to whom they handed over their functions would be a body not open to corruption.

In this Bill we take the line that a Minister in his sole discretion is to grant licences. If he had told us what he thought would be the normal conditions, what he would require, or what he would certainly object to if he found it in the composition of a company we might have something to go on. We only got one hint and that was the relatively small point of the type of employment that was going to be given—whether or not people in this country were to be hewers of wood and drawers of water or to get positions of trust and responsibility or such positions as would give them a chance of rising to considerable prominence in a business. And that point only came in accidentally—the point he considered necessary before any licence would be considered.

The Minister says that this Bill has for its aim the making it possible to exercise restrictions and he stressed the point that he does not mean any restrictions upon any existing firms. Again, I should have liked to hear some detail from him on what is the full meaning of paragraph (2). Paragraph (2) in a certain sub-paragraph says that if a company has been in existence on the first day of June, 1932, it may continue without a licence from him, and I see the phrase "if the business is, at the time such thing is done, owned by the body corporate by which it was owned on the said first day of June, 1932." Does that mean in fact that any company, even though it parades itself ostentatiously as foreign, can really continue in business so long as it continues to be a company carrying on whatever business it was carrying on on the date of the 1st June, 1932? In further detail I would ask him if that paragraph (2) or sub-section (2) with reference to a further paragraph means that any one who continues to be a personal representative of any one person can carry on and the representative of that personal representative can also continue to carry on, and so on until the end of time? I think that that was the reading of the paragraph but it is a point of detail on which we would like to be advised.

The Minister is astonished at the moderation of this Bill. He cannot conceive how the word "drastic" is applied to it. Possibly not from his angle. He wonders what a manufacturer has to complain of in being asked to submit to what is contained in Section 5 of the measure. That may seem right and proper to the Minister. An application is made for a licence and he may grant it either in whole or in part or he may refuse. Supposing he grants the licence as put in the prescribed form. It operates then to entitle the person to do all or any of the things he expresses himself willing to do. It will be granted subject to the condition that the applicant is to furnish the Minister with such information in his possession or procurement as the Minister may from time to time require on any matter which is in the opinion of the Minister relevant to the licence. And if that were not sufficient it is to "be and be expressed to be granted subject to such other terms and conditions as the Minister thinks proper and states in such licence." Is it in that phrase that the Minister hopes to impose conditions with regard to employment of Irish nationals in positions of importance? And if not, where does he hope to get the power? I presume it is there. It is a proper thing, though a singular thing to have, but it is not worth so much as by itself to be made one of the only important things that the Minister sought to bring within the purview of his objects in bringing in this measure at all. But on what lines can the Minister bring in sub-section (2) (5), paragraph (d): "such other terms and conditions as the Minister thinks proper and states in such licence"? Will the terms be the same for all companies? Is there a possibility of discrimination as between firm and firm? May the Minister decide, in his wisdom, if a firm wants to operate on a single managed unit in this country that it is better that he should operate in three concerns and that they should be allocated where he wants them fixed? Can an establishment have different conditions for different parts of the country where it is going to try and establish an industry? Are all these interests under his control and at his absolute discretion unaided by any outside body? And if so, does he consider himself justified in describing his attitude upon this as moderate, and describing the Bill as moderate?

He said during the course of his opening, on this matter, that the firms who wanted to manufacture in this country—that is native firms—were firms that did not desire a monopoly, but that they did desire to protect themselves against a certain type of competition against which he thought they should not be expected to stand. Take that in its setting. An Irish manufacturer thinks it wrong that he should be asked to stand against a certain competition, and the Minister is going to protect him against that competition by this measure. And this measure has no relation any longer to tariffs on goods coming in from outside the country, but to meet the manufacturer in the country which has, presumably, Irish nationals under the control of a foreign company which is in some way masquerading as an Irish company. Up to date when we ask the Minister a question about tariffs the general answer we get is (1) that he has assurance from the manufacturers that goods are coming in that can be manufactured here under conditions that will enable the people in this country to have their requirements met at a reasonable cost. The second answer, when challenged on the point as to why certain manufactures have not established themselves here already, is "dumping". And dumping in the Minister's mind is always associated with sweated conditions outside. One can imagine Irish manufacturers wanting to protect themselves against the impact of goods coming in here and sold at cheap prices because produced under sweated wage conditions on the Continent. But that is a different case. Sweated wage conditions will not operate here and goods will be produced at whatever wage conditions generally run in the country. What is the competition that the Irish manufacturer does not think it right he should be up against and that the Minister seeks to prevent by this measure as opposed to sweated wage conditions which has been the excuse hitherto for the tariff movement that the Minister has put forward in this House? The Minister thinks that the Irish manufacturer must be protected against the outside firm which will spend a large sum of money in order to clear away its competitors. How is that type of firm going to be held up under this Bill, having got its licence? Once it gets its licence it can continue to operate until such time as the licence expires or until it is revoked and it may only be revoked for a breach of conditions and a breach which has been shown in Court. Would the Minister give us some indication as to what is in his mind as to the conditions he will impose that will prevent a foreign firm, once it gets in here, wiping out its competitors, if it can do that in the ordinary course of business? And if he cannot impose such conditions what is going to protect an Irish manufacturer against a firm that comes in here and seeks in the ordinary course of business to get as much as it can of the trade of the country and seeks in the end to beat out its competitors?

That again brings me back to the conditions in Section 5. But would the Minister at that special point give us an indication of the model conditions that he is going to lay down to prevent a firm operating in the ordinary business way and by competitive effort from destroying other people, even native firms, and native firms previously established before they got their licences? The other point was where he was dealing with the question of the desirability of native firms as opposed to foreign firms operating here. He said that it did not require much argument on his part to prove that thesis, because he said no company established as a branch of a foreign firm here would ordinarily establish an export business except arising from some accident of good management or natural advantage. The only thought behind that phase is that the desirable manufacturer to have in the country is one not merely manufacturing for the home market, but that is able, eventually, to establish an export business. Let us relate that to the kind of economic appeals we get from the Minister from time to time in tariff debates. Apparently, he does see a home firm engaging in export business. Otherwise, on that argument the home firm and the foreign firm are on an equality. He sees a home firm eventually engaging in the export business. It is not the same Minister who so often told us that if price has to be taken as a standard he cannot see any branch of industrial activity ever established in this country, because he has laid down the law, and made it clear himself, that there is no branch of industrial activity in which the natives of this country can engage and produce at a price which will rank on the same level as the competitive price at which articles are brought in from outside. If that be the case, if the area of production or the consuming unit must necessarily be so small that you cannot get many big businesses, if the natives must face the prospect of having to purchase at higher prices than that at which goods are manufactured abroad what is the possibility of native industrialists ever getting an export business unless they are going to do something that we have inaugurated through the butter business, and sell dear at home in order to have a flourishing export business? If that procedure goes any further than the butter business the Minister will find it is not as popular, even as an aid to industrial activity, as he may imagine.

The Minister talked of—I wish he had analysed and developed the phrase further—the type of capitalism that produced Communism. That is what we want to get out of this country, and it is going to be done, by not having in the main foreign manufacturers coming in here, and by having them, when they must come in here—in his own phrase—hedged about with regulations and safeguards necessary to conserve Irish interests. In other words we are not going to have Communism, or capitalism that produces Communism, but we are going to have State controlled industries in this country. That is what this means. It means that the Minister's view of what is proper in the industrial line is going to be worked right down through the industrialists in the country, by reason of the conditions and the terms he will impose on any manufacturers wanting to come here to establish businesses under licence. That is the only way, the Minister says, to destroy capitalism that will breed Communism; this inverted type of Communism that is just as undesirable as Communism itself. The Minister is going to be the judge. According to the Minister the foreigner must be allowed in to help us in this rapid development, subject to restrictions that the Minister is going to put upon him. We have that joined with the other phrase that we heard from time to time from the Minister in connection with the case of maize meal, that, if prices are not regulated according to the Minister's will, he will go so far as to have the purchase of maize done by the State. We know that he has that idea, but how far that has been battered down by circumstances I do not know. We had it previously with regard to wheat. We had it stated by the Minister and his colleagues with regard to a variety of businesses in the country. If industrialists do not carry on their businesses to the liking of certain Ministers, then these Ministers are going to take them over on behalf of the State, and to operate them, not with industrialists who failed but with civil servants who had their salaries cut, in order to enable them to do better than the industrialists they are going to succeed. That is all in the interests of what the Minister calls keeping out a type of capitalism which produces Communism. I wish we had some better definition of what the Minister was at when he used that peculiar phrase. I know that there is a view held by a number of people that we must use all the industrial bad examples for ourselves, and that they are only to be operated before our eyes for the purpose of seeing what ought not to take place here. We are going to establish a newer and a better system here, but we have never got that clearly outlined. This was the opportunity, because the Minister certainly could mould events and circumstances somewhat to the conditions he will impose, if this measure ever gets on the Statute Book. It would have been a good thing on this occasion to get a view of the industrial country he is going to bring about, and the conditions of work for the people who are to be employed in these industries. What are to be the conditions, the breach of which will pull up a manufacturer when he has got himself somewhat established and get him once more regarded as a foreigner in the country?

Finally the Minister tells us that this is an attempt to get Irish capital now located abroad repatriated. There is an immense amount of Irish capital invested abroad. There is room and need for it here, and this is the bait to bring it in. Is it going to entice many people, once this Bill is on the Statute Book, to do so? I said before that people will have to have before their eyes what happened to the firm of Gallaher. People will have to remember the circumstances under which that particular casualty was brought about. People will have to look to the new imposts made this year, the various types of increased taxation that we have been subjected to, and they will have to think of the security there is in the country at the moment owing to a variety of things, and particularly will have to reflect upon the special insecurity there is owing to the political antics with regard to the best market we have for our exportable surplus. Under these conditions the Minister thinks he is going to entice capital back to this country by saying "Come in here"; come in entirely subject to the native industrialists in a country where we have not much recent industrial tradition; in a country where without any shame to ourselves we can say we have had no opportunity of learning what management in industry amounts to: and where we have no great appreciation of the proper investment of money. The Minister hopes to entice these people in by saying to them: allocate your money here; it is going to be subject only to a licence, and that licence is going to be subject only to the absolute discretion of a particular Minister. He has a pretty conceit of himself, if he thinks that is going to entice any big amount of Irish capital located abroad in the circumstances I have described. Yet that is said to be the object of this measure. When replying I hope the Minister will give us some indication of legislation of a similar type to this operating, and operating successfully, in any other country; will give some details of the harm that has been done here in the last ten years owing to economic penetration induced by the imposition of tariffs; and that he will give a special and a precise statement of the main conditions that he would seek to impose in paragraph 5, and particularly would tell us what condition he is going to impose which, in the first place, would enable, or even necessitate Irishmen getting better positions in the licensed foreign firm; and will enable him to remove or take away licences from the company which, in the ordinary way of competition, decides that it can control the whole market here and decides to do out its competitors.

There is one last question. We have made a certain number of trade treaties. They are all phrased to be "on the most favoured nation type." We have in one treaty a particular clause; the benefits of that clause must flow over every other country with which we have most favoured nation treatment. In the treaty made with Germany we give only most favoured nation treatment to the nationals of the other contracting party in regard to the acquisition and possession of property. On the other side we grant this: "They may dispose of the same by sale, exchange, gift, marriage, testament, or any other manner, or acquire same by inheritance under the same conditions as are established or shall be established with regard to nationals of the other party." As far as I know, or as far as I can understand, from the reading of that, we guaranteed national treatment under the German Treaty as far as the disposition of property was concerned or as far as the acquisition by testament was concerned. Having done that with regard to Germany, we automatically do the same with regard to every other country with which we have a most favoured-nation treaty. Is it proposed to denounce this treaty and the others which are tied up with it and if so, what is the earliest period within which that denunciation can take place or is it proposed not to bring this Bill into operation until after the denunciation period has passed?

Speaking on the Budget Resolutions a few days ago, I asked the Minister for Finance if it was his intention to drive those with capital out of the country when he imposed these drastic increases in income tax and super-tax and other matters which result in increasing the cost of living. After reading this Bill through within the last few days—it only reached me on Saturday—I could not help being forced to the conclusion that there was behind it a desire so to harass business and so to make the carrying on of many of the businesses we enjoy in the Free State difficult in the future, as to make them practically impossible. I hope I am wrong in the conclusion that possibly I arrived at hastily but I can gather no other result after studying at some length Sections 2 and 5 of this Bill. If anybody has any doubt in his mind as to the correctness of my conclusion, I would ask him to study these two sections and see if he can come to any other conclusion. One hears it frequently said of business in this country that there is no continuity in it. We know of businesses in other countries—we have a few examples in this country—which have taken generations to build up. Business as we know it, if it is to be stable, is of slow growth. The business which is of mushroom growth is unstable. Is this Bill likely to create the atmosphere of stability which will encourage and develop business? As I read it, it will have quite the contrary effect.

One has had an opportunity during one's connection with business of coming into contact in organisations with which one is connected, not alone with men from adjoining countries but with men with business interests in other countries all over the world. As far as I know the view of business men, it is fairly universally held to-day, that the less Government interference we have in business, the better it will be for business. Wherever we have examples of Government interference we find the results are usually disastrous. Listening to the Minister not alone on this occasion but on other occasions, one is forced to the conclusion that his idea is that business is one of those things that can be created by Government, that if you only have a proper mind, business will follow. As I have said, business, as I know it, is of slow growth. It requires behind it men of long experience in their particular branch of industry and workers of considerable experience and knowledge in their particular branch of industry. Neither of these can be created in a few days, a few weeks, a few months or a few years.

The Minister told us to-day that there was no intention to interfere with any manufacture in the Saorstát. I should like to know from the Minister, in the first instance, what he means by "manufacture." Does he include all business under the heading of "manufacture"? As we know business, there is a considerable volume of trade apart from manufacture altogether. Those engaged in selling manufactures are not engaged in assembling or creating them. Is that considerable branch controlled by this Bill? If you apply it only to the other side, the manufacturing side, the Ministers tells us that there is no intention to interfere. Might I ask him is the liberty in the future to transfer, to sell or to bequeath any business to be the same as it was in the past? I do not know whether the Minister has examined that particular point, but one can visualise a case in which sons of the owner of a business may be engaged in other parts of the world and may be nationals of other countries. On the decease of the owner of the business here those nationals of other countries come in to carry on that business. Are they at liberty to do so under this Bill? As I read it, they are not without permission from the Minister. Then the Minister proceeds to tell us that the Executive Council shall have control over business conducted by outsiders. As soon as the outsiders become aware of that fact, that the business is going to be controlled and directed by Ministers here, people of no experience in that particular line of business, will they be prepared to sink capital in industry under those conditions? Investing capital in business, particularly a manufacturing business, very often means sinking a considerable sum of money. Are those people willing to come along and sink money in business under those conditions? As I know them, I am afraid that the Minister will find considerable difficulty in getting them to do so.

Then the Minister tells us that it is the desire of the Government to have business here in the hands of Irishmen and financed by Irish capital. I recognise, as well as anybody, that we have ability and considerable ability amongst Irishmen, but I also recognise that on the commercial side we have a great want of knowledge, in this ticularly business knowledge, in this State of ours. We are not in any sense an industrial State. The large mass of our people are engaged in agriculture. Agriculture is our best industry. We have not got our people trained immediately to develop such a State. How are we going to get that knowledge and experience which are essential to the promotion of any business amongst us, if we have not many people with a knowledge of such business?

May I give a couple of instances to show the force of what I say? Take the beet sugar factory which was established and which cost a considerable sum of money. Could that factory have been established by Irishmen? Could we have carried out the work? I suppose we could have secured the capital; it might have been provided. But you want something more in a business than capital. Would that industry as we know it to-day, a successful industry, have been established by Irishmen? Where is the knowledge; where is the experience? It is not here. Take another scheme that has been carried out very largely with State capital— the Shannon Scheme. Would that scheme have been conceived, planned and executed by Irishmen? Nobody with any knowledge of that undertaking would say that it could. So that I say to the Minister that, if we want to get industries established in this country, we will have to get into this country men who know something of industry.

Talking on another subject a few days ago, I said to the Minister that it should be one of his objects to create an atmosphere of stability in this country. I also pointed out that changes are against the creation of such an atmosphere. I think the Minister agrees with me. He talks of bringing in capital here. Could we have a greater monument to Government interference and Government incompetence than we have in Gallaher's factory? There is a factory in which £250,000 or more was invested in the last few years. I do not know who is responsible. All I know is that Government interference got to work and that factory is about to be closed. I say that my knowledge leads me to conclude that any business that is subject to Government interference of that character will not have a very long life. When we think of getting capital here we must recognise the fact that people with capital usually have their eyes open. They see things more clearly possibly than we see them. With monuments such as that before them, are they likely to be encouraged to invest capital in this State? I am afraid I do not at all look upon the prospect with the optimism that the Minister displayed this afternoon.

There are a number of provisions in this Bill of which one would like to have some explanation. I asked the Minister a question as to the distinction between capital and manufacture. Possibly he will give us more information on that point in replying. He told us that nationals in this State are free. Are all business, even established business, run in this State at the present moment free to add new departments, to embark on an allied industry, without permission from the Minister? As I read Section 2 (d), if they were not in existence on 1st June, 1932, a permit will be necessary if it is proposed to embark upon them. Also, in that connection, would the Minister tell us as to the restrictions that will be placed upon what is known as a body corporate; that is, a body with shareholders, many of whom live outside the Free State? We have at present a number of companies in the Free State, the greater part of whose capital would be the property of persons outside the Free State. What is the effect of this Bill on such companies? Deputy McGilligan has referred to the fact that we were told that debentures can be held by non-nationals to any extent. Will there be any limitation on debentures and on the rights of debentures in such cases as we know to-day?

There are a number of other items that possibly the Minister may say can be more properly and more fully discussed in Committee. But, on Section 2, a question has been put to me in the following form: Can a person who is not a national start a business which does not come within the limitations referred to in the section? We have the limitations referred to in Section 2. Can a non-national start a business without a permit which does not come within the several restrictions in Section 2? The only other item I should like to refer to is one that I have already touched upon, and that is as to what extent this Bill interferes with the rights of the executors of a deceased business man who held a large business. Supposing they wanted to sell that business and that the highest offer came from non-nationals, are they at liberty to sell that business as a going concern to non-nationals? If not, what restrictions will be placed upon them? This and a number of other matters are questions to which we would like to have a clear answer on the future stages of the Bill. In conclusion, I should like to say that the provisions of this Bill, so far as one has been able to study them, and so far as the commercial community have been able to study them, have given rise to a very considerable amount of anxiety.

The Minister has stated that the root idea of this Bill is to promote rapid industrial development. If this Bill is designed to promote rapid industrial development, I doubt, if the Minister will achieve his object. The Minister, when telling us about industrial conditions here, made no reference to the difficulties that confront people manufacturing here. We have all had conversations, from time to time, with people contemplating the setting up of factories here or embarking on some sort of industrial development. We have listened to the pros and cons of their cases and we have heard the calculations made by them. I was rather surprised that the Minister did not comment on some of those difficulties to-day and endeavour to make easier the path of people who are contemplating manufacturing here. Although the Minister made no reference to the fact, I understand that certain people have been refused licences. Perhaps, the Minister would tell us, at a later stage, the underlying principle responsible for the refusal of these licences. A short time ago, the Minister told us that he hoped to be in a position to make a statement about a company which was about to start a cement works here. I should like to know if the negotiations in that regard have been accelerated or retarded by the Budget and by this Bill. It appears to me that if foreign manufacturers take the view that some of us here do, they will not come in here to promote industry. It seems to me that the places in which industries are started are in competition with one another and that we should try and envisage the development that will take place in this and other countries in the future. Most of us believe that there will be a very big increase in flying whether by aeroplane or balloon. I would not attempt to prophesy that within the next few years we shall have a regular aeroplane service across the Atlantic, but it does seem that some such industry will be faced with the establishment in this country of very large aerial ports. A company, which proposed to develop in that way would be influenced by the fact that within very few miles of the Saorstát they could get all they wanted in Northern Ireland without any hampering restrictions. We may see certain new developments in Northern Ireland which we would be very pleased to have secured for the Saorstát.

I desire to refer to one problem which was not adverted to by previous speakers. The Bill, according to Section 2, does not apply to a body corporate the issued capital of which, in excess of 50 per cent. is owned by nationals. In these days, stocks and shares are held in a fluid state. In respect of a lot of concerns, they are sold freely on the market and I should like to ascertain from the Minister what would be the position in the following case—a company have 52½ per cent. of their shares held by nationals and 47½ per cent. held by foreigners. The company are presented with a transfer of shares amounting to 5 per cent. of their capital. Would they be entitled to refuse to transfer those shares on the ground that they would lose their status as national manufacturers and come under all sorts of pains and penalties? If there was an action started against the company by an irate transferee would the company be indemnified under this Act or could the transferee insist on registration of his 5 per cent. and that the company should go out and arrange for a transfer of a similar 5 per cent. to nationals? I should like to have that position very fully dealt with, because in present day circumstances, when the habitations of shareholders change rapidly, a company might be all right to-day and all wrong to-morrow. I have stressed the position of foreign firms and I suggest that if the Minister imposes restrictions in this country which do not exist in other countries, when a question arises as to the establishment of desirable international manufactories, conditions will weigh very heavily against the Saorstát.

It seems to me that there ought to be a difference between the class of speeches made in debating societies and the class of speeches made in legislative assemblies. In a debating society, a speech can be full of vague generalities and airy nothings and the speaker may make his principal aim and objective the shaping of pretty phrases. In a legislative assembly such as this, we ought to deal not with vague generalities but with the practical facts of the situation with which we are faced.

A purely debating society speech such as was made by the Minister for Industry and Commerce in introducing this Bill is certainly a very poor compliment to this House. The Minister was full of generalities, full of general principles, but as to coming down to the facts of the Bill which was before the House, he did not do it. Or, as to explaining any single one of the provisions of this Bill, he did not do it. It is all very well to explain, and I can quite understand the Minister explaining, and explaining at some length, what his object is, but he also ought to tell us and to explain to the House the details of the machinery by which he hopes to effect his object. Wisdom has been defined as apportioning means to ends. It should not be sufficient for the Minister to come here to this House and simply tell us the end that he has in view, and to be completely silent as to the method by which he hopes to achieve that end. And it seems to me that this new departure which the Minister made upon this Bill, this new method of introducing a Bill by which you ignore all the details of the Bill and ignore the Bill itself, must be prompted by one or other of two motives: Either the Minister has not read this Bill himself and knows nothing about it; he has simply in a nice, airy, easy fashion said: "I want a Bill to prevent foreign capital coming into this country; go, please, and produce me a Bill," and has not gone to the trouble of reading it; or else the Minister is rather ashamed of the Bill which he is presenting the House. Which of these two explanations is the true explanation I do not know. If he has not read it. I can completely understand why he has not attempted to explain it to the House. If he has read it, I can quite equally understand that he is so ashamed of some of its provisions that he is quite unwilling to explain it to the House.

I shall follow the Minister for a minute or two through some of his generalities. He said that a branch establishment never exports and that, therefore, it is of the almost importance that manufactories here should not be branch establishments. He also told us that there might be foreign capital—he did not mind that—but there should not be foreign control. Those were the two principal reasons which he put forward for the introduction of a measure—not for the introduction of this particular Bill—but for the introduction of a measure of this nature. And the Minister told us also that Irishmen had no chance of getting on in business establishments in this country by foreign firms.

I should like to point out to the Minister that all people are not first and last, and all the time politicians, people with political ends, that there are people—no doubt the Minister will consider them curious people, no doubt the Minister will consider them faddists—but there are people, business people whose end is the making of their business successful, people who go into a business and work it for the shareholders in order that it should be a success, and for no other reason. And they will export from a branch establishment if it happens that from a branch establishment they can export more cheaply than they can from the main establishment. The Minister told us that he does not mind foreign capital, but that he does mind foreign control. What check has he got over foreign control in this Bill? He has got a check over foreign capital, but he has not got a check on foreign control. He drew the distinction himself. There is not the slightest check that I can find in this Bill upon foreign control. The only thing that is provided is that there shall not be too much foreign capital. But surely there can be a company, in which the persons who own the capital may be Irish persons, but owing to experience, owing to skill and owing to other reasons, the individuals who manage it, though they may not be Irish nationals, are suitable persons for carrying on the business—a company in which the control of the business is left to a board of directors who are not necessarily Irish nationals.

Coming down to the more concrete question of the Bill itself, I should very much like to know why there is this extraordinary distinction drawn in Section 2. In sub-section (2) we are told that a business can be carried on if

such business is, at the time such thing is done, owned by a body corporate the issued capital of which is at that time to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of a person who is or of two or more persons each of whom is at that time either a national of Saorstát Eireann or a body corporate all the issued capital of which is at that time in the beneficial ownership of nationals of Saorstát Eireann;

That is Section 2 sub-section (1) clause (b). There you take capital and the capital obviously means the whole of the capital. It means debenture stock and debentures as well as the ordinary stock. Then we turn to sub-section (2) of the same section, and in that we find that for the purposes of paragraph (b), that is, the paragraph which I have just read, certain things take place, that is to say if a man dies, then under clause (a) of sub-section (2) shares will vest in his executor or administrator, and until such time as administration has been taken out they will be deemed to be in the possession of a national. The same thing happens if the owner of the shares becomes a bankrupt. I would draw attention to the fact that the word used there is "shares" and the word "shares" has been construed as including stock but excluding debentures and debenture stock. Let us take a case of this nature: An Irishman who has lived all his life in Ireland is the owner of debentures in a company, and those debentures are a very considerable part of the issued capital of the company. What happens when he dies? So far as I read this section, his executor has not any beneficial ownership and nobody has any beneficial ownership and, because a large debenture holder has died, even though he is an Irishman, that corporation suddenly becomes an illegal corporation and dare not carry on trading, because in the events I have supposed one-half of the issued capital would not be in the beneficial ownership of persons resident in Ireland. I should like to know from the Minister why does he draw a distinction between shares in the one case and capital in the other. Why does he deliberately exclude debentures from the ordinary word "shares"?

Why does he make a difference in an unfortunate company between the case of a person who buys or owns ordinary stock as distinct from the person who owns debenture stock? What will happen if some one buys in the circumstances I have mentioned? The company becomes illegal until such time as it can go along, assuming that it can go along, to the Minister to apply under Section 3 for a new licence. Section 3 is possibly not entirely clear but I presume that the Minister means by Section 3 that the existing company can apply, in order to carry on its own work, for the strangely termed new licence. But in the meantime the company is illegal and every day that it manufactures an article it is liable to a fine not exceeding £50 for the first day and a further fine not exceeding £10 for every day the offence is committed, and the offence is there so long as debenture stock cannot be sold by the administrator or executor of the deceased person.

Take the result of this Bill and observe the terrible difficulties it will put before companies. Of course it is perfectly plain that there must be a very limited market for debenture stock or ordinary shares of any new company which starts in this country or for any new extension of an already existing business. Because the only persons now who can safely buy debenture stock in companies established in this country after 1932 are persons who are resident in this country. In the same way the only persons who can buy ordinary shares in a company are the persons resident in this State. Otherwise there is a danger of a perfectly legal company suddenly becoming a completely illegal company if the ownership, because of sale in open market of its capital, alters.

It is not very encouraging to a person to invest money in debenture stock in a company in this country, when the person knows that if he wishes to realise that debenture stock, he can in fact only sell it to somebody resident in this country. He has got a very limited market indeed and it will not encourage people like the simple ordinary investor who wants a five, six or seven per cent. debenture stock to put his money into debentures of Irish companies. It will deter him from it because everybody knows, and everyone who looks at the stock exchange list will see, that the margin of quotation which is given in a company which has a big turn-over is a tiny margin. One will see in the case of a small company where it is very difficult to get a purchaser, a huge margin of difference in the quotation of prices. That is due to the fact that there is a small demand for a particular stock and in consequence the buyer has to pay a very much higher sum than the sum he receives on the sale of his stock where there is a limited market, while the buying and the selling price will practically approximate where there is a free market and a larger demand.

I do not see how this Bill is going, in any way, to encourage at the present moment, and I am dealing with the present moment and with the immediate future, the putting of money into Irish companies. Nor do I see at the present moment, so far as the Minister has spoken to the House, that he has made out any case for the need here now or in the immediate future of a Bill of this nature.

I again call the attention of the House to the fact that in the whole Bill there is nothing dealing with management. It is altogether dealing with capital. It appears to me that it is of small importance who owns the capital in a particular business. The amount of interest paid on the capital is in all businesses a comparatively small sum in comparison with the amount of money which is paid in wages. The valuable and important thing is to have the businesses established and not either to check or keep them back. It will not be a helpful thing to keep out foreign capital which can be used in giving employment in this country.

There is another matter to which I wish to refer. A very strange, a very bold, and a very new departure is outlined in this Bill. I do not think that in many countries powers have ever been asked for similar to the absolutely autocratic powers which are being asked for by the Minister under Section 5. We are told that this is a democratic country and there is supposed to be a democratic rule here. But here you give absolute power to a Minister to refuse a manufacturing licence to persons who wish to come into this country. And that is done at the Minister's unfettered discretion. The House does not come into the matter at all, and the Oireachtas does not come into the matter. We are not asked for an opinion. The Minister in the most high-handed, autocratic manner, wantonly, by his bare whim, can grant or refuse a licence or put on special terms as he wishes, and there is to be no control.

One would imagine that in a country which was supposed to be a democratic country, though I suppose under the present Government it will not be able for very long to call itself a democratic country, a Minister coming to the House with a Bill like this would come with a list of reasons which in the opinion of the House would guide him in granting or rejecting a manufacturer's licence. There is nothing of the kind here. The House is not asked to consider the grounds upon which licences are to be granted or the grounds upon which they are to be refused. There is no suggestion made to the House in this Bill as to the powers or the limitations which the House can put upon the power of the Minister. This House is not even asked to lay down rules for the guidance of the Minister. The House is asked to give complete and entire control to whomsoever may be, for the time being, Minister for Industry and Commerce. That will inevitably mean a complete change of policy. We will find one Minister giving a certain class of licence and another Minister refusing it. There will be nothing of the continuity that there ought to be. If the Minister had properly considered this Bill he should have come here with suggestions that the Oireachtas would embody in legislation setting out the principles upon which its powers are to be exercised. It should not be left to the arbitrary whim of any individual to decide who should or should not have power to manufacture in this State.

There are many things in this Bill which seem to me to be very unhappy. There are some things, however, which we may be able to deal with on the Committee Stage. So far as I have dealt with the Bill, I think I have dealt with nothing that could have been dealt with on the Committee Stage. I take it it is the business of the Minister introducing the Bill to correlate all the sections. What the House should do in discussing a measure on Second Reading is to discuss the sections as they are correlated to one other, not in an isolated way as they must be discussed in Committee. I submit that this Bill is a bad Bill, an arbitrary Bill, and it should not receive the assent of the House.

This is a Bill of very great importance, introduced by a single speech and without a sound argument adduced in the course of that speech. Not one follower of the Minister participated in the debate. The Minister informed the House that the main question is the necessity for the Bill. He did not inform the House of the reasons for the necessity. Did he give a single instance to show that necessity existed? If the Minister does not know what are the things necessary for the introduction of this measure, it is surely difficult for those in opposition to be readers of what happens to be passing through his mind. Has the country suffered up to the present through the new industries that have been established? What are the dangers to which the country will be subject if this Bill is not adopted? What are the dangers of domination of foreign capital if the Bill is not passed? What is the danger of economic penetration? Do any such dangers exist, and what is the likelihood of their existence in the future?

The main necessity for this Bill is, in my opinion, rather political than economic. It seeks to give larger profits to Irish manufacturers entirely free from the spur of internal competition. This Bill aims at the elimination of competition from the Free State. We all know competition is the life of trade. If you eliminate it from the industries of any country what are the results? At the present moment we have a policy adumbrated by the Minister of the setting up of small-scale industries. The Minister referred to our export trade. Is there any hope of the creation of an export trade under the system of small-scale industries that it is the policy of the Government to set up? If Irish manufacturers are given the home market without the spur of internal competition what will be the result on the export trade and on the consumer?

I have experience of what happens the consumer under a condition of affairs such as will be set up by this Bill. When the Great War was in progress, when the demand exceeded the supply, and when the sources of supply were cut off, what happened to the people in respect of the goods they required? The Minister referred to tariffed industries. One of the new industries to be tariffed is that dealing with the manufacture of galvanised hollow-ware. During the War, when Irish manufacturers were producing galvanised hollow-ware and had an export trade, what were the effects on the consumer? In the case of any Bill introduced here, the interests of the consumer must be guarded as well as the interests of the industrialists. During the War when buckets were manufactured here in large quantities and outside sources of supply were cut off, the price of the common bucket was 3/6 and the heavy stable bucket cost 6/6. The amount outside sources of supply were again opened and retailers were able to buy direct, the price of buckets fell from 3/6 to 1/6. That process is in operation to-day. The Minister said he would take drastic action against industrialists who increased prices. He is powerless to do so. In connection with the very trade I mentioned, the Irish manufacturers have already increased the price by 10 per cent., half the amount of the Imperial preference. Are the farmers able to face the new burdens that the Bills now passing through the Legislature impose?

I do not agree that the Minister established a case when he told the House that Irish manufacturers did not come before the Tariff Commission to apply for a tariff because they feared if they did apply their competitors would come from across Channel and wipe them out of business. That is hardly a justification for a far-reaching measure of this kind. The Minister referred to the speedy industrialisation of this State. Does he seriously contend that this House will be satisfied that speedy industrialisation will take place after the passage of this measure? I would like to have some assurance that industrialisation will be speeded up if the Bill is passed. There would be some justification for the Bill if the country were highly organised; but it is under-industrialised and, therefore, there is no sense or reason for introducing such a measure.

Will capital be attracted or repelled if this Bill passes? Is there any attraction for the investment of Irish capital if the Bill becomes law? Do not men who possess capital realise the shortcomings from which Irish industrialists suffer? Do they not realise that they have not the experience of their competitors either in technical processes of manufacture or in large-scale production? Do they not realise that when people invest capital they do not ask "Is this an Irish or a foreign firm," but rather what are they going to receive on any money they invest? Does this Bill give the necessary stability for the investment of Irish capital? We have been told here repeatedly that while this Government is in office such an economic policy will be pursued to the bitter end. I may say the new Government has no lengthy lease of life. It looks as if the lease of life the Government appeared to have when it entered office has, since the country became aware of its economic and political policy, become considerably shorter.

If you want capital invested in this country, you must have stability, and I want the Minister to tell the House, in his concluding speech, how industrialisation is going to be speeded up by the passage of this Bill. What does this Bill amount to? It amounts to the creation of a virtual dictatorship reposed in one man in this country, the Minister for Industry and Commerce. I want to ask, as a business man, what capacity has the Minister got to deal with a tremendously important problem of that kind; what intimate knowledge of industry does he possess; or what technical knowledge has he got that he can direct the whole of the industry of the country, regardless of the wishes of those engaged in the industry, and regardless of the wishes of those who have capital to invest? These are questions that I think the Minister should answer, and the House was entitled to some information, at least, on these questions when the Bill was introduced. We have not had a solitary word of information on these important matters.

The Minister referred to one of the objects of the Bill as the establishment of new industries. Certain new industries were established by the Government which held office before this Government took office. One industry was referred to by Deputy Good, the beet sugar industry. Will the Minister contend, for a single moment, that, if this Bill were in operation, £400,000 of foreign money would ever have been invested in this country to set up this industry? Does he think that a similar industry involving £400,000 will be set up under a condition that over 50 per cent. of the money must be controlled by Irish nationals? If a £400,000 industry is being set up here, and over 50 per cent. of the nominal value of the shares must be in the hands of Irish nationals, is it not as clear as the noon-day sun that those Irish nationals, who possibly know nothing about the technical needs of the industry, will be in a position to control and dictate the policy of that particular industry? We all want to see new industries established in this country. The beet sugar industry was established here, but not by an operation of this kind. The tobacco industry was established here, but not by an operation of this kind. We have seen, in the short time in which the Government has been in office, how their policy has affected the tobacco industry, and what I want to ask any sane man in this House, listening to me, at the moment, is, did the setting up of these particular industries, the beet sugar and the tobacco industries, not prove of considerable advantage to every citizen in the Irish Free State?

If you want a policy of sane industrial development, it must be based on, first, stability, and, secondly, on efficient economic production, but under the methods the Minister is resorting to, does he think that you will ever get large scale production in this country, or that you will ever build up an export trade? It is all very well for the Minister to talk about these things. I fear that his experience in industrial matters is very small. One of the things that are tariffed under the Government's tariff policy is the manufacture of brass goods, not a single one of which is made in this country. Will the Minister say that that is due to lack of a tariff, or would it be better if I informed him why the manufacture of brass goods is not going on here at present?

I remember one of the most important firms in Dublin City offering, a year or two after the conclusion of the Great War, to establish a new factory to manufacture brass goods in the city. They approached the trade unions in that particular industry for permission to employ female labour in the manufacture of these goods, and they were met with the answer: "No; you must employ all men or you need not proceed." What was the result? That man, who had thousands and thousands of pounds invested in that business, who was a good and large employer of labour, sent for a certain man, and said to him: "Value this stock and say what it is worth. What would you give me for it?" and he sold that stock in its entirety.

Here is a new industry that could have been set up in this country without the aid of a tariff, but we have here a tariff imposed, and what is the object of it? If these people who have high technical skill in the manufacture of these goods want to come into this country, they can only come in on a condition that 51 per cent. of their capital is under the control of the Irish people, and, therefore, their control over their industrial policy does not exist. Will that tend to a speedy industrialisation of this State? Should the Minister not take the greatest possible care not to drive capital away from this country but to bring in as much capital as it is humanly possible for him to bring in under reasonable conditions? Anybody living in the City of Dublin knows the beneficial effect the setting up of the tobacco industry in Dublin had, and anybody living in the City of Cork knows the beneficial effect the setting up of the Ford industry in Cork had, and these industries were set up without the aid of a tariff. I do not for a moment suggest that we should not impose tariffs here for the industrialisation of this country, because I do believe that Irish manufacturers should be protected, and should have control of the home market, but when you do give Irish manufacturers control of the home market, we want a quid pro quo. We want economic production, and we want the hope of building up an export trade. I say, unhesitatingly, speaking with business experience, that while you have a thousand and one business firms scattered throughout the length and breadth of this country, employing two men here and five men there, and six men somewhere else, there is no possibility of ever creating an export trade. If this country is to progress, if it is to be industrialised, we must proceed on sound, sane, commonsense lines.

This legislation that has been introduced is introduced, in my opinion, for one reason and one reason only. It is not to give encouragement to them to produce efficiently and economically, but to encourage them to make extra profits at the expense of the people. As I said, if this was a highly industrialised country there would be every justification for the introduction of this Bill. We want new industries in this country, but I cannot see how you are going to attract new industries into the country under such an economic policy as this. This Bill has introduced a new principle, the principle of the restraint of trade. Any man who has any acquaintance with the legal systems of any country knows that the greatest possible care is taken by law, and under legal processes, to prevent anything that would act in the nature of a restraint of trade. This Bill has embodied a new principle. It prevents the setting up of new manufactures and new industries in this country, and creates a condition of affairs that can never tend to either economic production or to the Irish manufacturers giving reasonable value to Irish consumers.

I would like briefly to refer to the powers of the Minister under this Bill. Under this Bill the Minister can, if he so wishes, grant a licence. He can grant a licence in whole, or in part, or he can refuse to grant a licence. He is to be the sole and absolute authority for the granting or refusing of a licence to any industrialists who might care to come to this country. Is the House satisfied to put that absolute power of industrial dictatorship into the hands of the Minister for Industry and Commerce? Is it reasonable to entrust any individual—I do not care how brilliant a man he may be, how polished a politician he may be or how capable an industrialist he may be—with such powers? The Minister is also given the greatest inquisitorial powers under this Bill. The Minister may write to any firm, no matter in what trade or industry it may be engaged, for any particular information he desires. No matter how private or of how technical a character it may be, he may write and demand that information for his own use.

Since the Ministers took office Ministerial salaries have been considerably reduced, and there is always a temptation where the powers of a country are entrusted to the hands of any single individual to introduce the principle of graft and corruption into the legislation of any State. I do not say nor am I suggesting for one moment to the Minister personally anything of an unworthy kind, but in the national interests of the State these powers of dictatorship over the interests of the country should not be entrusted to any individual. I therefore wish to say that I will vote against the passage of this Bill.

I have not read the Bill, so that anything that I will have to say will be based on what I heard of the Minister's opening speech. There has been a lot of criticism of the Bill already in the House and there has been a tremendous amount of criticism of the tariffs. My view is that this criticism is not directed either at the tariffs or at the Bill but at the objects which it is the intention of the Ministry to carry out, namely, the building up of Irish industries in Ireland controlled by Irish capital and in the hands of Irish proprietors. The Deputy who has just sat down— Deputy Byrne, I think—stated that we lacked technical knowledge and technical experience, technical skill and business experience for the carrying out of industrial enterprises and that therefore, since we are not a highly industrial country, we should encourage foreign capital to come in and dominate Irish industry and the lives of the Irish people. I do not agree with that at all. I think it would be a totally wrong policy to carry out. The Minister, in his introduction, said he was not apologising for the Bill—that it was inadequate. It is—altogether inadequate. There is a whole lot in it which leaves loopholes for foreign companies to come in and get control. I think that the policy of peaceful penetration by the big multiple shops and coneerns, about which Deputy Good was asking, should be very considerably controlled by this Bill so that these people will not control us.

On a point of information I would like to ask the Deputy is it not a fact that every one of these multiple shops is protected?

They may be. I am not aware, but they were not always protected. Deputy Fitzgerald-Kenney passed a remark that it did not matter who controlled the capital. For his information and that of the House it might be just as well to call to mind a remark passed by the late President Wilson in a speech he made in Italy. President Wilson said, "those who control your economic position direct your policy." That is a fact, and that is what is happening at present and what has been happening to us all the time. Somebody referred to competition— that competition is the life of trade. What about the Great Southern and Western Railway Company and the 'buses? There is no life of trade there.

I pointed out here last week—I think on tariffs—that there was a certain economic policy which had obtained from the time of Elizabeth to the Union and I pointed out the fact that that policy continued on after the Repeal of the Corn Laws by Great Britain. I said I wanted to direct particularly Deputy Morrissey's attention to it and also the attention of the Executive Council and the Minister for Industry and Commerce for two different reasons. How could anyone expect that with absence of experience in trade, manufacture, and commerce and absence of technical knowledge and skill we could have any technical knowledge of anything? It is an impossibility. In the circumstances, therefore, we will have to import technical knowledge. But if we are going to wait until we become a really highly industrialised and organised nation ourselves before we try to take control of our industries, it will be the other people who will have control and not we.

I would like very much to express the hope that the Minister will give a good deal of attention not to this Bill but to the question of the peaceful penetration that is taking place and has been taking place all the time here. If we are going to be controlled in our retail distribution and our manufactures and our shipping and in practically every other activity of our industrial life, we will be in a far worse position than we were under the landlords.

Deputy Dowdall need not be uneasy. Before the present Government have put through even a tithe of their policy, I am sure that Deputy Dowdall will have got quite enough of Government control of every kind of business, native and foreign. He said that those who opposed this Bill up to the present—I do not think he can have been in for most of the debate—objected, not to the tariffs or the Bill, but to the objects the Minister had in the tariffs and in the Bill. That is not so. We object to these things, because we feel that they will damage the country even as a wealth-producing asset. They will damage such industries and such employment as there is already existing in the country. Every step that the Government have taken economically since they came into power a few short months ago has been very rapidly in the direction of the State assuming more and more control over every activity—business and manufacturing —in the State. That is a policy to which the Deputy who has just sat down may look forward with a certain amount of complacency. I doubt whether that complacency will remain with him much longer. The Minister and the Ministry are not going to stop here, and they have made that clear in everything they have done, and in practically everything they have said since they have been a Government in this House.

Deputy Dowdall demands more control. He will get it. Nobody can accuse the Ministry, at all events, of any lack of eagerness in the speed with which they are advancing to more and more State control over this country. This is only an instalment—a small instalment. We have had other instalments and we are promised many more. We are promised a slight one in the speech in which the Minister introduced this Bill. I congratulate the Deputy on one thing at least, that he undertook to discuss this Bill without having read it, and merely on the speech of introduction.

What I said was that my purpose was not to discuss the Bill.

Yes, certainly —not to discuss the Bill. That would have been very rash. I see the Deputy agrees with me. There was an objection to taking this Bill to-day because, owing to the importance of the Bill, sufficient time had not been given to consider its implications. I am not speaking now of the details of the Bill, but of its general implication after a study of the Bill. And yet after that was brought to his attention, in order to try and draw an explanation, he gave none, practically speaking, of this Bill. He did indeed defent it as a moderate Bill. The reason he did defend it as a moderate Bill was because he knew that most people regarded it as the very opposite. He knew that the business community in this State, or a very large number of them, at all events, regarded it as the very opposite to a moderate Bill. Surely we are sufficiently acquainted with the technique of the Minister at this time, to recognise that when he describes a Bill of this kind as moderate, he is only trying to forestal obvious criticism that an examination of the Bill would lead to, namely, that it was anything but moderate. It is because he knows it is a far-reaching Bill, if not in all, certainly in some of its provisions, and in the tendency it portrays that he tried to forestall the true, and obvious criticism, and says that it is a moderate Bill. It may be perhaps moderate compared with what the Minister and his Government have before their minds for this country.

We may have certain views as to whether the Bill will be effective. A man, to whose views I attach some importance, although he is not a lawyer, told me he could probably get a clever lawyer to drive a coach and four through this Bill. That may or may not be so, but it is a risk we can take. I have no doubt that could be done, and that companies could evade any intentions of the Bill, but although they may have observed the law of the land, the Minister would have no hesitation in coming back upon them. I have no doubt he would come back on them. Even if they did observe the law as now passed, I doubt if the Minister would very much hesitate about coming back upon them.

We object to this Bill because it means, as the Minister indicated, a long step forward in his policy. That policy, as I look upon it, means the State getting control of industry and the putting of the lives of the people in this country into the hands of the State. I admit it is a step forward but it is on lines that we object to. The Minister, just as in his statement that the Bill was a moderate Bill, tried to forestall obvious criticism which some people may make to the effect that they may consider it a communistic Bill. I wonder had be any qualms himself when he said that? Even if he had I do not think the Minister would be deterred, but I am not going into that particular question at the moment. In the last couple of months—Deputy Dowdall and others can ignore this if they wish —the Government have taken very big steps forward, what the Minister would call very long steps forward, to set up a socialistic State in this country. That has been their policy. The mere sneering at criticism of that policy does not get rid of the general tendency. At a time when many people regard as one of the particular dangers that the modern world has to face the increasing power of the State, the Government have taken upon themselves to control every phase of life of the citizen, and we have in a few short months, in this country, gone a long distance in that direction.

The Minister, I know, from speeches he made before he took up office, and from speeches that members of the Government made since they took up office, will not shrink from going forward merely because of the great dangers inherent in their policy. Not merely will the Minister not shrink but he will not pause I think for a moment. He said this is the barest minimum that a protectionist Government could reasonably put forward. We admit it might be the minimum for a Fianna Fáil Government with that very deliberate tendency which I have mentioned. It might be the barest minimum that might be put forward in their point of view, and it might be a moderate measure from their point of view, because they aim at State control and State interference. It would take over all business from individuals and companies that are not run as the State thinks they should be run, not in the interests of the business, but the community, and that is blazoned abroad as one of the principal planks of the Government policy. Hence we need not be surprised at this particular Bill. It is merely a step forward so far as that policy is concerned. But we might have expected, at least, if not the House, the country might have expected some kind of defence or excuse for the Bill which deals with such an important subject.

As to the necessity for the Bill, and the circumstances under which it was introduced and the fact that criticism had been levelled at the Minister in the desire that adequate time should be given owing to the nature and scope of the Bill, no explanation was given. We might have expected some explanation of its provisions. But, as usual, we had nothing of the kind, no more than we had on the introduction of all those tariffs with which this Bill is bound up, as the Minister told us.

There was no attempt even to give an explanation of the Bill; nothing but a mere repetition of generality after generality. The necessity for the Bill was not proved. We have nothing added to what we already know; the peculiar psychological view of the Government on economic matters. We have had no reason for this Bill, no excuses, no justification, simple repeated parrot cries. These are the things we have been listening to hear week after week. What damage was done by companies in the way of underselling when they come in here was not stated. The Minister could have produced evidence. It is merely from a disposition to a priori legislation on the part of the Government or legislation not from experience but from general principles that we have these measures brought forward? The Minister spoke of underselling. What kind of people were allowed in to undersell? He does not want to do away with competition, but he tells us it is unfair competition. Is underselling necessarily unfair? There has been no attempt to show that, or that the articles sold were under cost price. We have had tariffs here, tariff after tariff, for a number of years. If the tendency feared by the Minister was there, surely he would have had some concrete evidence—something more than the mere statement that he heard such and such a thing—that that was the case. In reality you have here simply a Bill—be it effective in the working out or not—brought forward by the Government simply to satisfy their insatiable desire for State control. We have had a new effort to bring about in a few short months what the Minister responsible for the introduction of the Bill describes as an economic revolution. We have had revolution after revolution with serious upset to the business of the country. Still these are the revolutionary conditions now to be imposed, in the midst of revolutionary measures economically imposed one after another since they assumed power.

This is the time the Minister expects people to put capital into this country. So eager does he expect people to be to put capital into the country that he must take measures to prevent it. All that may come as a shock to the ordinary plain man, but the quicker the ordinary plain man in this country recognises that the State is going to control him more and more in every phase of life in the future—and this is only one evidence of it—the better for the ordinary man. What limitations are there on the Minister here so far as the issue of these licences is concerned? No limitations of any kind on his powers, no general principles even as to the lines on which he should proceed. According to his daily whim, rejecting or accepting the advice of his Department, if the Department is in a position to give it, he can refuse or grant licences. There is no control. His reasons cannot be questioned. Efforts have been made to get from him why he imposed certain tariffs. He would not tell the House. He was satisfied and that was enough. When he treats applications in that fashion you can imagine how he may treat the House if it tries to find out what is the principle, if there is any principle, upon which he acts in refusing or granting these licences. There is no control by the House or by anybody else. You cannot even question the Minister, and if you do you will receive no information. That may be the way the House ought to be treated, but the country cannot receive information either.

I turn to the point made by Deputy Byrne, and I go further and say that not merely do I not suspect that corrupt influences would influence the Minister or any member of the Executive Council. There is no question of that. I believe firmly that the people who are now enthusiastic in launching a policy of this kind are all above anything of the kind. I am making not merely the negative statement, that I do not believe that, but I believe the opposite to be the case. That is quite clear, but the system leads to it, and in future times will lead to it. That is what I object to. Tariff systems lead to that. You may not always have people in power so enthusiastic about the carrying out of their policy. It may be in the future of this country that mere time-servers will come in. What a power to give a Ministry or a Government of that kind! It is not merely a question then of having honourable men in the Government, but the danger of all sorts of party influences being brought to bear in return, not for personal considerations, but for other considerations that are inherent in the system. I am absolutely sincere about that.

It would never enter into my mind to suspect that, so far as any occupant of the present Ministry is concerned. But that danger is inherent in the system, and there are very few countries that have not experienced that particular danger. Therefore by jibbing at the danger we do not get rid of it. The danger is there, both in the irresponsible imposition of tariffs and in the complete and absolute power given into the hands of the Minister, and given not merely into his hands, but to every future Minister. I can well imagine, if the late Government proposed a measure of this kind, how the leaders of the Labour Party, or those who were then leaders of the Labour Party in this House, would have got up and pointed out very eloquently the danger under the present system to the occupants of the Front Benches in the Ministry and to the people who came after them. No person could be more eloquent in that way than Mr. Johnson before he was relegated to another sphere of political activity, or Mr. O'Connell, the former leader of the Labour Party in this House. I wonder whether that great silent Party, so much interested in all that concerns the industrial life of this country, whose contributions to this Bill we still await, will execute another volte face and give their whole-hearted support to this Bill. I know perfectly well what would have happened to its general principles at other times.

There may be certain things in this Bill that appeal to them—State control—that system of socialism that sometimes one gathered from their speeches—though not nearly as much as from those of the Fianna Fáil Party, for there was an old radicalism that objected to anything of this kind, to such supreme and unquestioned powers being put into the hands of Ministers. I remember that one of the earliest experiences I had in this House was the difficulty we had in carrying out the State Lands Act, where every little lease of State land had to be laid on the Table of the House for twenty or forty days, otherwise the then leader of the Labour Party would not let the Bill go through. Even that power he would not give to the Government. At the time he would not criticise those in the Government, for whom he had nothing but admiration, yet he would not allow that power into their hands. I expect the dependent Labour Party will still be dependent so far as this measure is concerned.

With no principles to guide him in this Bill and, so far as the Minister is concerned, no indication in introducing it as to what principles he is going to follow, just according as he feels like it, he is going to give or to refuse licences. That is tremendous control to give into the hands of the Government, but it is nothing I can assure the House like the power the Government will be assuming in a short while over the economic affairs of this country. The Minister can rightly point out that this Bill does not give him power to impose monopolies. Monopolies will have to come. That is a promise. We promise that with everything else these powers will be applied for too. Monopolies will come. I would like to see the power the State will have so far as Government monopolies are concerned. They are not in the Bill. How is the Minister going to discriminate between firms he allows in? Take the case where a big efficient firm applies for admission to this State and that a moderately sized and only fairly efficient firm also applies. Obviously the Minister must allow the more inefficient foreign firm to come in here, because if one that was too efficient came it might undercut and undersell the others. Therefore, I wonder where an inefficient firm applies, what will be the criteria the Minister will impose on himself because obviously the House is going to impose nothing on him?

These are some of the considerations why I think the House ought to object to this Bill and reject it. I object to the Bill mainly on the grounds in which I agree with the Minister that it is a long step towards what I consider assumption by the State of the complete control of every kind of business activity in this country. That is my chief objection to it and for that reason, I would ask the House to vote against it.

A number of questions were put to the Minister. Might I add one or two to them? I do not expect he will answer all the questions or most of them but he will forgive us because, after all, the period at our disposal was very small. He would insist on taking the Second Reading to-day. I think it was Deputy Fitzgerald-Kenney who made the point that—and I also want to know why—there is no definition of "capital." There is no definition of "capital" but there is of "shares." Am I to understand—I see that a separate word is used in clause 2, sub-section (2), letter (b)—because a different word is used, a different thing is meant? In the ordinary legal interpretation I understand that it is a kind of rule of law that if you use different words you mean different things. May we assume therefore that "capital" has a different significance from "shares"? Then there was a question raised by Deputy Dockrell and I can only emphasise it, namely, what happens where you have a company in this country with its shares on the public market, when one day the number or the percentage of Irish-owned shares is in a minority? Under the Bill it is quite clear that they must immediately apply for a licence which the Minister may, or may not, grant. The fact that he may or may not grant it, even if he will eventually grant it, must have had a bad effect on the shares. That will prevent what I might call an ordinary open market in these shares and in itself must have a bad result in depressing the shares. There is, I suggest to the Minister, undoubtedly a question there to be answered. However these are mainly Committee points but before we come to Committee as the Minister did not explain the Bill in general or in principle he might at least answer the questions put up to him from various parts of the House in the course of the debate.

Very early to-day we heard a complaint because this Bill was taken on Second Reading, that certain Deputies had not time to examine it properly. During the time that the Party opposite were in power here some 111 Irish factories were closed down and some 80,000 people were thrown out of employment in consequence. We hear complaints now because the Minister is attempting to protect our Irish industries, for that is what it amounts to. We hear a lot of talk about powers. I was definitely amused this evening when I heard Deputy Fitzgerald-Kenney talking about power that the Minister was taking unto himself. I shall read for him a little power. It is rather amusing on the question of powers when you hear an ex-Minister talk like that.

The Minister for Justice may by order... require any person who in the opinion of the said Minister has been associated with any of the activities of an unlawful association whether as——

Would the Deputy state what he is quoting from?

I am quoting from the Public Safety Act of 1927, Section 13.

On a Control of Manufactures Bill?

Yes, on the power of Ministers, on which three separate ex-Ministers have spoken here to-night.

...any person who in the opinion of the said Minister has been associated with any of the activities of an unlawful association whether as a member thereof or otherwise, or has been associated with or concerned in any of the offences mentioned in Part 1 of the Schedule to this Act ...and whose continued presence in Saorstát Eireann is in the opinion of the said Minister prejudicial to the public safety or the maintenance of law and order, to depart from Saorstát Eireann within a specified time after the date of such order, and not to return to Saorstát Eireann as long as such order remains in force.

That is one of the little powers that the gentleman who will be known in this country as the Minister of the kicking cow, brought into this House, to give power unto himself so that anybody he did not like, or the colour of whose tie, if he wore a red tie for instance, he did not like, or the colour of whose hair he did not like, he might consider as being associated with an unlawful association, and might drive out of the country for as long as he liked. That is the Minister who gets up here and talks about powers. "Every person in respect of whom an expulsion order is made after the expiration of the time limited in such order for his departure from Saorstát Eireann" was liable to six months' imprisonment for every time he was caught.

Is there any possibility of graft in that?

There is a possibility of your getting a dip. This is one of the Acts brought in by the ex-Minister for Justice, and shoved right through, and the amount of time given for the whole consideration of the Bill was one night. It was steam-rolled through every reading and shoved up to the other House, as we may call it for the little while it is in existence, and I hope it will be a short time. It was steam-rolled through there also, and the whole job was done in 24 hours. These are the people who complain now about time, and who talk about giving power into the hands of the Minister. Because he is asking for power to protect Irish industry he is taking too much power. When a Minister, because he did not like the colour of a person's tie or the colour of his hair, could take power to order his departure from Saorstát Eireann forthwith, that was a perfectly reasonable power to take. This is the ex-Minister who also told us to-day that this was until recently a democratic country.

Then we had Deputy J.J. Byrne also complaining of the power taken. Deputy Byrne made a terrible wail and spoke a lot about our export trade and asked when will we have an export trade in this or that. If we had an export trade in periwinkles we could very well export Deputy Byrne. I did not intend to speak at all on this Bill, but when I heard all the nonsense I had to speak—one after another talking nonsense about the powers in this Bill. We had the ex-Minister for Justice talking about the powers in this Bill, but there is not one-tenth of the power that the ex-Minister handed over to his ordinary though gunmen under this Act. A member of the Gárda Síochána had power to stop any person whom he met in the street and whom he did not particularly like. These are the people who come in here talking about the power the Minister is going to take. Was there ever such nonsense? These are the people who are responsible for the closing down of 111 factories here.

And we could not get three of them mentioned here the other night.

You could not?

The Deputy will address the Chair.

Certainly, a Chinn Comhairle. I cannot help these people when they get cross.

The Deputy should refrain from personalities.

That is the position we find here. We have 80,000 unemployed to find employment for. We are going to find it for them and we are going to prevent any more Ranks from coming into this country if we can. We have had enough Ranks here. We only came in in time to prevent Rank from finishing the flour-milling industry in this country, with the collusion and the assistance of Deputies opposite. We stopped that, and we will stop a little more before we are finished. Deputies who were responsible for that now talk about the power which the Minister is taking. The Deputy of the "kicking cow" has absolutely surpassed himself this evening.

I look upon this Bill as a corollary to the whole network of tariffs set up by the Finance Bill. While there may be a good deal of sympathy with the principle which the Ministry endeavoured to translate by way of a Bill, further amplification and expansion of many of its provisions are necessary. I have a perfectly open mind on the measure. I do not share the doubts and fears expressed by some Deputies as to the awful consequences which may ensue if the Bill becomes law. I am aware that we have historical fact to guide us in this matter. Perhaps it may be said that there is no analogy between this country and highly-industrialised countries. I have two faults to find with this measure. The first snag I find in it is that while there are many provisions to protect foreign capital and Irish capital, there is no provision whatever to safeguard the interests of the workers in the various industries which may be established as the result of the operations of this Bill when it becomes an Act. As to the objections of Deputies who fear that the Minister is endeavouring to get control, and that that control, meaning State control, is inherently wrong, I feel that around that very aspect of the Bill will take place the greatest controversy. There are in this country two sets of opinions and two lines of thought on that issue of State control versus private enterprise. The sooner Deputies of all Parties face up to the position created by the introduction of this Bill the better for all concerned.

I have listened with very great attention to most of the discussion and was certainly impressed by the speech of Deputy Professor O'Sullivan. Like that Deputy, I have read the Bill half a a dozen times. I adverted a moment ago to the fact that we may not be as highly industrialised as other countries. I am aware that in one country it was found that foreign capital was getting control of industries, or to use a fairly hackneyed phrase, that peaceful economic penetration was taking place. I am referring to France. In that country a measure was introduced something along these lines and embodying the principle set forth here in Section 2 (1) (b), namely, that 51 per cent. of the capital in these industries should be held by French nationals and that 49 per cent. might be held by foreigners or people outside France. That might be good policy, and must have been good policy for that country, as it is a highly industrialised country, with its industrial arm fairly well developed. It is questionable, however, whether at this moment it would be a sane, economic policy for this country. I have had contact with all kinds and conditions of working-class people, and with a good many persons whom we hear frequently referred to as capitalists. I feel that we have not sufficient capital coming into this country, and I would welcome any kind of capital that would give employment to our nationals.

I do not share the belief of other Deputies that capitalists are going to tumble over each other in an endeavour to secure shares in Irish enterprises or projects that may be established as a result of our tariff policy. If I could be assured that there was such a demand, and that there was any evidence that such a demand would continue, I would be most zealous in my support of the measure. I know, however, that so far there is no evidence of that great overwhelming desire on the part of foreign capital to engage in Irish enterprise. I think it was the Parliamentary Secretary to the Minister for Finance who on one notable occasion suggested that capital must get its price, and on another notable occasion, illustrating that point, he endeavoured to show that capital moved not like rushing water, but slowly as a liquid of the consistency of tar might move, in the direction of its price. In other words, where any outlet could be found for capital, capital would find its way at a price.

Dealing with one or two of the objections made, it has been suggested that the control would pass from the hands of Irish nationals into the hands of foreigners if we had not that 51 per cent. of Irish capital as against 49 per cent. I feel that both the 51 per cent. and the 49 per cent. would be on the look-out for a reward in the shape of dividends and profits, and that the 49 per cent. capital would not be invested for the pure love of the thing. There is no altruism in capital as we know it. Every investor looks for a return for his money. I should be very glad, indeed, to know that there were thousands of people looking for opportunities to invest their money in Irish enterprise, but, so far, I have seen no indication of it. If the Minister can give me any evidence of activity of that type, I shall be very pleased, indeed. Deputy Fitzgerald-Kenney suggested that there was a very big difference between the word "capital" and the word "control" as used during the debates. In my view, there is a direct relationship. That relationship is clearly indicated in this Bill. I do not think the Minister has camouflaged that aspect of the matter. He has been outspoken enough, and he made it quite clear that its object is to get complete control of Irish industries. When we had industries going a-begging for capital—I am thinking of the beet industry, which eventually turned out a financial success from the point of view, at all events, of the shareholders—very little native capital could be got. We had to seek foreign capital. I would be very nervous of frightening away by legislation foreign capital or investments by foreigners.

I feel that it is rather early in our economic life in this State to introduce a measure of this kind. The Minister may reply that it would be useless to introduce a measure of this kind when foreign capital had got a strangle-hold of Irish industry. But when we look around us and note the facts which are staring us in the face we find that many Irish people with money are nervous about putting that money into Irish industry. I speak as one who is most anxious to see industrial development and to see unemployment relieved by the provision of additional employment. But when we find our own nationals refusing to put money into Irish industry, even to the extent of 51 per cent., are we to refuse to allow foreign capital to come in here? My answer to that question is "certainly not." I do not care where the capital comes from. When our own nationals refuse to engage in enterprise, refuse to take the ordinary business risks, I will welcome foreign capital. It cannot be gainsaid that many industries which are now tariffed would yield a reasonable profit to Irish nationals. But many of our own people wait to be spoonfed before they will put money into Irish industry. I have very grave doubts as to the ultimate effect of this measure when it becomes an Act. I know that there will be a majority in its favour but I think the Minister should take us into his confidence and amplify the particulars he has given us as regards the various provisions of the Bill. Deputies have touched upon another matter—that the Bill places too much control in the hands of the Minister. I think it does. In this case "Minister" may be a figurative expression or it may be translated later to mean the "Executive Council." But the position should be made clear. We cannot afford at present to turn away capital, whether foreign or home capital. I have an open mind as regards the Bill but I do not think we should do anything to turn away capital. We are not yet half industrialised. I hope that we will never be wholly industrialised. We certainly should develop our industrial arm but if we cannot get our own nationals to invest their money here, surely we should encourage others to do what our own people refuse to do. I do not propose to enter upon the discussion of the whole question of tariffs, as other Deputies have done, but I ask the Minister to explain the provisions of the Bill more fully and to give us an assurance that capital, whether it comes from inside Ireland or outside Ireland, will not be refused an outlet here.

My intervention will take the form, more or less, of a question. One thing which is rather disturbing is a provision that licences can be granted or withdrawn. If the Minister receives certain information, he is empowered to bring a company or business into court and have the licence withdrawn. Deputies will require an assurance on one point. Let us take the case of a company which is being formed under licence. A prospectus is issued and the shares of that company are offered to the public. There is a certain allotment of debenture, preference and ordinary shares. When the preference shareholders have been satisfied, will the Minister intervene and hold that only a certain dividend can be paid on the ordinary shares— that over and beyond that, he will consider the company as profiteering? If a company is making a good article, selling at a fair price and making a good profit, there is the danger that the Minister will interfere, as occurred in the case of other companies in England, and insist on certain conditions being fulfilled, to the detriment of the ordinary shareholders.

[An Leas-Cheann Comhairle took the Chair.]

I am only giving it in a very general way. The Minister will know exactly what I am coming at and it is a very dangerous thing that State control or anything like that should interfere with the capital of a country. As regards the stock exchange and as regards the interplay of shares in the open market the provision that 51 per cent. at least must be held by some citizen or by someone who has been resident in the Free State for seven years, that certainly will require considerable watching on behalf of the authorities and will, I am sure, create a certain amount of confusion. Difficulties will arise there as Deputy Dockrell mentioned. I am sure the Minister heard what the Deputy stated. There are lots of things on the Bill on which we have not got any information at present and on these matters I hope the Minister will give full information of these details at the next Stage. I would like to remind the House that the number of Irish investors is very limited. The investing public at present in the Free State is very small. There is protection at present for investors in home industry, but one special protection necessary to bring and keep capital here will be interfered with by this Bill. Investors will need protection as regards the interplay of their capital in the home markets. They will need freedom so that that capital may be bought and sold in the market and so that there will be capital appreciation. They will require to be able to buy stocks and shares freely in the market at the price at which it is worth without any interference by the Government.

We have just had as striking an array of tariffs as this country has ever experienced. These tariffs have been imposed with the avowed intention of encouraging industry in this country and incidentally encouraging employment. These tariffs are launched at a period of acute depression when the purchasing power of this country is very much at its lowest. This is a country with a very small population, and we are hoping that the foreign investor will come in and establish factories here. But nothing will do more to impede the starting of factories here by foreign industrialists than the fact that vexatious restriction would be imposed on them and that the activities of these business men who may have the spirit and the enterprise to come into this country to establish business will be harassed by State intervention and control. I feel that this State intervention will, in conjunction with the tariffs now imposed, have the tendency to impede the activities of business men and to create monopolies by causing people to refrain from coming in. In this country we have a very large number of people who prefer to leave their money, when they have any money, on deposit in an Irish bank rather than speculate with it and invest it in industry, or purchase stocks and shares. As a rule the Irishman seems to prefer to leave his money at a low rate of interest on deposit on what he regards as good security to investing it in any business. He is not at all inclined to speculate in industry. He is not industrially-minded. He is more inclined to speculate in any direction than in industry.

If I might say so, there is one very definite industry on which tariffs have been imposed which would encourage other outside manufacturers to come in here and start factories. That is the manure industry. But if the dice is to be loaded against foreign capital coming in, with foreign enterprise to guide it, I have no hesitation in saying that we will be creating a monopoly to assist the people who will be inclined to make use of the tariff in order to charge higher prices in the market. Our one hope of these tariffs was that their imposition would cause new industries to be started, and this starting of new industry in the case of articles that have been tariffed would lead to competition in prices and so prevent the formation of a monopoly. I take it that Bass and Company would have very similar restrictions imposed on them were they to start brewing in this country. Deputy Corry has referred to the 111 factories that are closed down and the 80,000 people who are out of employment. Whatever may be said for that, there are unquestionably a good many of the unemployed at present looking for work because of the partial shutting down of Ford's factory that was engaged in the manufacture of motors in this country. Let us hope that the tax imposed on the motor industry will revive some of the trade that was lost to Ford's and bring it back to them.

Now if other manufacturers come over here and invest large sums of money in the manufacture of motor cars it would be a great benefit to the country. But if there was any hope of bringing over such manufacturers I submit that no stronger method could be devised to prevent them from coming over than the imposition of the State control outlined by the Minister in this Bill. I feel that we are at a period when it is our duty to encourage by every means in our power the starting of industry in the country. There is already enough suffering caused by unemployment in the country and I submit to the House that anything that will impose State control on the people starting industries, will retard business men from coming in, and must damp enterprise which might be to the advantage of this country if it were allowed to come in unchecked. People will only come in to start a business if they see that there is an advantage to be derived. They will only come in for selfish reasons, and not for any reason to benefit this country. But while I say that, I say also that there is no better way of harassing not alone the manufacturers but also the consumer and the workers than a too rigid control of business by the State. This control will involve the companies in expenses. The business will suffer and consequently both the consumer and the workers will suffer.

There is the manufacture of agricultural implements. That industry if tariffs are going to be imposed will attract foreign capital. Now I venture to say, and I think many Deputies have a shrewd suspicion in their minds that if that capital is going to be in any way competitive, through superior skill and through business ability, then State control will be exercised to the detriment of competition. I feel that it would be wiser for us to move slowly, and to try the effects of the tariffs that are being imposed. If they are successful, and even if there is an increase in the price, then we can thank our stars that we have done some good, but there is nothing will do more to help inefficiency and to retard that competitive influence which will react for the ultimate trade of this country and for the ultimate business of this country, than the imposition of State control which the Minister contemplates.

I wish to make a few remarks upon this Bill. To start with, it appears to me that the Minister's efforts to bring about the repatriation of a large amount of Irish capital are bound to be hindered to a large extent so long as the political atmosphere is disturbed. I cannot help feeling that no such effort can succeed until the people with the capital feel a little sure about the future; until they feel sure, for instance, as to what line this country is going to take about remaining in the Commonwealth of Nations or going out of it. I do not mean necessarily that it would prevent people from investing capital here if they knew that we were going out of the Commonwealth, but, at any rate, there are dangers of civil commotion attaching to the leaving of that question open that are bound to prevent a great many people from employing money in the new industries the Minister is trying to get started here.

Passing from that point, there was a suggestion made here a short time ago by the leader of the Labour Party which he pressed strongly upon the Government, namely, the institution of a sort of economic council, an economic general staff or an economic tribunal, whatever one may like to call it. I wonder whether the Minister would consider substituting such a body as that for himself in relation to the dictatorial powers that would appear to be granted by this Bill? If he is at all sympathetically inclined to the idea of setting up such a body, this is a Bill in connection with which it could usefully be put into action.

I was really tempted to intervene in this debate by two remarks made by the Minister. One remark has been commented upon a good deal already. That was the Minister's recommendation of the Bill as a bulwark against Communism. I have very little sympathy with people who spend their lives shivering at the thought of Communism or any other ism—Imperialism for instance. But if there is anything that is going to bring about Communism or the more unpleasant manifestations that would be apt to precede any introduction of Communism, such as anarchy, it would be poverty, distress, hunger and the cold and misery of the poor. These are the things we have really got to be afraid of. Accordingly, I cannot help feeling hostile towards this Bill to the extent to which it threatens to shut out any capital that might be coming into a country starving for lack of capital. We should hesitate to do anything that would tend to keep capital out. It would appear that the Government—I suppose for inevitable political considerations—are already endeavouring to keep it out and are in danger of driving it out. It seems to me extraordinarily foolish to bring in such a measure as this with the idea of preventing more capital from coming in.

I agree with Deputy Anthony that we ought to demand, in reference to a measure of this kind, very real and solid evidence that there is danger of the sort of economic penetration, which the Government are afraid of. What they really seem to be afraid of is an attempt on political grounds to get an economic foothold in this country on the part of foreign, presumably English, concerns. That fear seems to me fantastic. In any case, I think the Minister ought to offer us much stronger evidence than he has attempted to offer. He should give us definite information that the danger exists which this Bill proposes to guard against.

The other remark of the Minister that attracted my attention was when he said that he could not conceive the state of mind of anyone objecting to this Bill. When he said that it sounded sincere. I felt he meant it when he said it. I think Deputy Professor O'Sullivan would probably say it was part of the Minister's technique, but I believed it to be sincere and I still believe it to be sincere. The very fact that I think it is sincere alarms me all the more because it is amazing that the Government should live in such a state of intellectual isolation, that they should be so blind and deaf to any ideas except their own, that the Minister would not expect this Bill to arouse opposition.

Surely the Government must open their eyes to the fact that a whole lot of people, in fact practically everybody who is not absorbed in politics, dislikes in principle the entry of politics into business. One's natural reactions to anything that brings politics into business is a hostile one. One dislikes on principle—anyone who has spent most of his life in the ordinary affairs of the world and in business—the politician going into business and one wants to keep him out if possible. And secondly nearly every thinking person in the world to-day is conscious of the tremendous harm being done by approaching economic questions from the narrowly nationalist point of view.

Those are two points of view which the Government ought to take into account. The alarming thing is they do not seem to consider such matters before they produce Bills. One would have to make a tremendous case to justify a Bill like this. It is practically common ground amongst educated people that politics in business is bad and that nationalist economics are bad. It may be there is a set of circumstances in this country which make both these things necessary, but the case has not been proved and I should like to hear it proved before I could consent to the passage of this Bill.

It seems to me the proposal embodied in this Bill is the most absurd and foolish proposal the Government has introduced into the House. I find nothing that has been brought before us comparable with this, except the book tax. The same sort of outlook is behind this proposal as was behind the book tax. It is such a proposal as one might expect to find in a debating society composed of very young people. There is absolutely no evidence of any regard for any of the facts that ought to be taken into account. There is no consideration for the interests of the general community. Everything is to be sacrificed for the benefit of some small group, perhaps a minority in some small group. We were going to have, in the case of the book tax, everybody penalised, as it now appears, for a handful of bookbinders. A great new principle was going to be introduced for the benefit of a handful of bookbinders.

We are now going to have a great new principle introduced without any regard for the interests of the community as a whole, without any regard for the agricultural community or the ordinary consumer, all in the interests of a handful of manufacturers who, perhaps, are only misfortunate or perhaps are inefficient, but at any rate are wanting tariffs and are frightened of the natural consequences of tariffs. I think when we condemn this Bill we are not taking a short view merely; we are taking a long view.

Dealing first with the short view, nobody can doubt that the consequences of the Bill are going to be extremely bad. All this imposition of high tariffs is going to involve hardship to the community, no matter what happens. The Minister for Industry and Commerce rises up smiling, in defence of every tariff, and says it is going to cheapen the price of the commodity involved. I do not believe that the Minister for Industry and Commerce is so simple or so foolish as to believe in half the cases in which he professes to believe. We know that it does not follow in every case that a tariff will involve an increase in cost, but we do know that in the majority of cases it is going to involve an increase. Sometimes that increase will not manifest itself immediately, and sometimes the manufacturer will be careful and will wait until the time when he should lower a price and refrain from lowering it and get his benefit, but, in any case, the Budget, no matter what was done, is going to involve a very heavy burden on general consumers.

Now we have this tariff coming along, which is aimed at preventing—I do not know to what extent it is meant to work the Bill—more efficient methods of carrying on manufacture here. It is aimed at not merely giving a monopoly to goods manufactured here—and many of the tariffs are such high tariffs as to be exclusive—and cutting out the competition of goods manufactured under other conditions outside the country, but it is meant to confine the manufacture of these goods to some handful of people who happen to be in the trade at the present time. I think that is an entirely unsound principle, and it seems to be a principle that the people on the opposite side are going to apply all round. Their propaganda indicates it. That propaganda about the 111 factories that were closed is an indication of that.

It is not the business of a Government to keep every factory open, and there is no harm in the closing of factories, and in the most prosperous and progressive country in the world there will continually be factories going to the wall. New and better processes and methods will be adopted in one factory than in another, and the weak and sleepy and inefficient factory will go to the wall. That is quite a different thing from the Government taking action that closes up a factory. The closing up of a factory in the course of industrial development is something that ought to be accepted, just as a forest will remain although trees are dying or being blown down, while new trees are growing up, and any attempt to say that once a factory, always a factory, that every firm, no matter what its folly or inefficiency, must be kept going, is entirely wrong. I think that a principle like that is behind this, that we are going to be condemned, if there is some one firm in business here and a tariff is imposed, no matter what the capacity of that firm is, no matter what its management is, to pay for goods the price that firm will sell them at, or, perhaps, can sell them at, taking it at its best.

There is a great deal of talk about economic penetration, and I think that nearly all the talk we hear about it is, as I said, the schoolboy debating society type of talk. Economic penetration has quite different effects, according to the circumstances. In half-civilised countries, economic penetration is one of the ways of securing political domination. If people are backward, if they have not come in contact with modern civilisation, one of the things that happens to them is that factories and trading stations are opened, and influences are set going amongst the people and the Government of the country is upset and foreigners come in and take control of it. But for anybody to suggest that, even if there were economic penetration on the most extensive scale that the Minister can conceive, it will enable the people who own the factories to secure political control of this country is entirely absurd.

Everybody knows as a matter of fact that the workers in a country like this, if you had foreigners controlling all the factories, would be rather hostile to them than otherwise, and that there would be no possibility of what happens in some semi-civilised country like Afghanistan, or some country like that, happening here. Nearly all the talk we hear about economic penetration is utterly foolish talk, arising from things that have happened in countries in which the conditions are not in the least like the conditions that exist here. If all our industries were owned by foreign combines—and there is not the slightest prospect of that and not the slightest evidence that we have been travelling in that direction—but if we were to give a present of every supposition to the Government, in a country like this where the people are politically educated, although we have not been used to certain responsibilities, the consequences would be very limited indeed, and the situation that would then exist would not be irremediable.

I think that, again, when people talk about economic penetration, they are throwing back their minds to the state of things that existed here before there was self-government and when you had the British Government ruling here. The coming in of British firms then, undoubtedly, not only strengthened the British grip on this country, but it tended to make it impossible to loosen that grip. Everybody knows that one of the reasons for a long time why the British held on so tightly to this country was that the system of land tenure existing here meant that citizens of theirs had big economic interests here and that they exerted their whole influence in England to prevent that grip being loosened. To some extent, though to a much lesser extent, if no self-government existed here, if the state of affairs we knew before 1921 was still the state of affairs here, there would be reason for citizens feeling alarmed if additional industries came under the control of British companies, because these companies would have been inclined to exert their influence to prevent a political change, fearing that a political change might lead to upsets of various kinds that would injure their business and their property. But when we have self-government here, and when that self-government is not threatened; when the people are not ignorant politically; when there is no possibility of the sort of things that could happen in some semi-civilised countries being done here, we have to recognise that even if there were economic penetration of this type, the consequences would be very limited. The consequences, if that became plain, would always be in the power of the Government to remedy.

Let us be quite frank about it, industrialists are terribly at the mercy of any Government that may be in power in a country. I used to hear people on the opposite side talking about the domination of the banks here without for a moment thinking how much the banks while carrying on their business were at the mercy of the Government and of the forces at the control of the Government. Similarly, any industry is tremendously at the mercy of any Government that may be in power, and no industry or group of industrialists combined are going wantonly to set themselves up against the Government or the national policy represented by the Government. While the Government, in one sense, is at the mercy of the industrialists, because the economic life of the country cannot be carried on without them, the industrialists themselves are at least equally at the mercy of the Government. They are private individuals who have put their money into enterprises, not for any political purposes but simply to earn their profits in the ordinary way. They do not want to indulge in any nationalistic or anti-nationalistic struggle, and they do not want to get up against the Government, and if the particular arrangement that obtained in any country became so distasteful that the Government desired to change it, the Government would be able to change it with a reasonable amount of acquiescence from the industrialists themselves. They are no more immune from pressure of that kind than politicians themselves are immune.

The whole idea behind this Bill is a childish idea. People are still operating in the atmosphere of the debating society and paying no attention at all to the facts existing here, no attention to the sort of country we have and to the behaviour—the normal behaviour— of people who have invested their money and who want to carry on and make their profits without quarrelling with any Government that may be in power.

Anybody, I think, will admit that in one respect at least it is more desirable —I think the Minister quoted this—to have industries owned by citizens of this country than owned by outsiders. I think there is only one point of any real consequence in the matter, and, as I say, I believe that was the point mentioned by the Minister. If Guinness's, for instance, had been founded here by an English firm, then Guinness's, instead of becoming the big concern it has become, with a great export trade, would have been a much smaller concern manufacturing solely for the Irish Free State, while the parent brewery in the ordinary way would do the trade abroad, and to some extent if it had been a foreign concern we would have been denied that. The same thing would apply to a firm like Jacob's, or any such firm.

I believe it is perfectly true that in the ordinary way an industry established here by an outside concern will never be made bigger than to supply the market here. But there is no pressing problem arising out of that fact, because, with tariffs being piled mountain high as they are, and, until some change comes, likely to go still higher, there is not any great prospect of an industry being started here and acquiring an export market. While that fact which I have been mentioning is not a thing to be neglected, it is one that at the present time is of more theoretical than practical importance and is likely to be of more theoretical than practical importance for some considerable time to come.

The Bill, as has been pointed out, does not necessarily and will not necessarily achieve the purpose for which ostensibly it was brought in, because, really, control is the main matter and not investment. From the point of view on which I have been touching, ownership does not really matter. It is control. It is control here. The branch factory does not normally carry control of the firm, and that is why it is not developed more than to meet the immediate market for which it was established. This Bill, while it may, to some extent, keep out English capital, will thereby keep out with it the enterprise which might be developed by that capital, and I think that what we want in this country is not so much capital as capital associated with knowledge and enterprise. It may keep out English capital, but if the sort of situation exists which the Minister fears—this sort of bogey-man business that seems to loom so large in the minds of the Government—you will not be able to keep it out.

I do not think there is any such thing going on as these wicked foreign capitalists throwing their money in here for some sort of evil purpose of getting control here, but if such a thing had to be guarded against this Bill will not suffice. There are a dozen ways by which an outside firm could have the same sort of control it has to-day and still comply with the terms of the Bill. It would be easy to get a person of Irish birth but who has been living out of Ireland for years and has nothing at all to do with Ireland now but who would be a national, and let him hold the one per cent. of shares, and let him who would otherwise be ineligible become eligible by that fact, and you would have no more control than to-day and the whole machinery of the Bill would be made entirely farcical. New Bills or amendments, I know, can be passed from time to time and loopholes can be filled up, but if you are facing the sort of thing the Government pretends to be facing there would be so many loopholes and so many methods of acquiring control indirectly that you would never be done and your purpose would never be achieved. Control could be secured by a certain means of giving credit—by making loans. It could be secured by certain managership agreements. Control could be acquired in all sorts of ways. So that, not only is the Bill conceived in a spirit of childishness but if the dangers which the Ministers see, or think they see, really exist, this Bill would be totally ineffective as a means of combating these particular dangers. There would be more sense in dealing with distributive agencies from the national point of view than in dealing with manufacturing concerns.

I think that what the Government ought to do, having embarked on a policy of high tariffs, is to be logical about it and to face up boldly to all the consequences and to go out for the obtaining of employment and for the building up of industry here, and to welcome all commerce. There is no doubt that, apart from any people with capital backed by enterprise who might be directly stopped by the operations of this Bill, by the refusal of a licence, many more will be stopped by the atmosphere.

Deputies

Hear, hear!

It is not merely a question of Gallaher's and the iniquitous discrimination that is provided for in one of the Sections of the Finance Bill, but when that is backed by this Bill people will not know where it is going to end. People will not know whether, even if they get a licence, that this absurd fear, this unreasonable and unreasoning fear, that the Government has, or this yielding to these small minorities, will not lead them to take further steps. As has already been pointed out, the granting of a licence would be no guarantee against such taxation or discrimination as would make it impossible for a business that had come here and invested its money to carry on with a profit. All this is an attempt to have it both ways. Their proposed legislation is also another attempt to have it both ways. You cannot carry on two or three things at once. You cannot build houses, or make articles of any sort, without strewing some litter round, without creating confusion. A building, in the course of construction, with a scaffolding, cannot be made beautiful, and if it was to be kept beautiful in that way during construction the cost of putting up the building, in the time required, would be increased enormously. What the Government apparently are trying to do is to build up industry, and to have none of the litter associated, almost inevitably, with the carrying out of any type of work. Let everybody come in now and start industries, and, if we find afterwards that, from the point of view of the general community, developments are occurring which are harmful, or that a condition has arisen that will stop further development, then let such steps be taken as may be necessary to deal with them; and it will always be possible to take steps without doing violence to the rights of any group of people and, as I said, it will be possible, with the acquiescence of the industrialists, to take any steps that will bring about gradual change in any unsatisfactory condition that may come about. I think that is the way to do it. Let the evil, if there is an evil, arise. Let there be a real genuine menace and harm in it. Do not let us say that the State must provide everything, but, if we embark upon a policy of trade, let us get the fruits of that policy and let us get those fruits within a reasonable time.

I do not know whether the establishment of the Ford industry at Cork was a curse or a blessing. You sometimes will hear the two things said by different people, but this is certain: if legislation like this was on the Statute Book or if the other things that are in the Budget were there at the time, a firm like Fords would not have come in. Some say it is a business with tremendous possibilities. Whether they will be realised or not, one cannot say now, but the works would not, now, be in this country if we then had legislation of the sort that is proposed here. No one can measure the harm it will do. We will never hear of the few who did not come to establish industry here, and who were kept away by the unhealthy atmosphere of fear and suspicion that this will create.

A good deal has been said about the powers of the Minister. Now I need not say to the Minister that the economic questions affected here have no analogy to the questions of order and public policy that were dealt with in the other Bills. They can never have any connection with the other matters arising in the suspicion that one industrialist or one capitalist was being favoured at the expense of another or was being unduly favoured. Now, undoubtedly, with tremendous powers like those given in this Bill, and vested in the Minister and his Department, discrimination is to be exercised. Discrimination will be exercised if this Bill is to be operated. If a borderline case arises, as everybody knows it will, and when one borderline case has to be decided one way, and another another way, there will certainly be allegations and suspicions, and no matter how little foundation there may be for the allegations or suspicions, the fact that suspicions exist which may sound plausible will do harm in the country.

I must say that one of the reasons that made me so strong, on the establishment of the Tariff Commission, when we were carrying out a policy of selective tariffs, was that I was afraid that suspicions would arise. I feared the lobbying that manufacturers who had great things to gain by getting tariffs would do. I think, when you have great economic issues involved as are involved here, that you will have attempts at corruption. You will have people who have much to gain or much to lose in these things, throwing themselves on one political side or another, influencing one Deputy or another, if they can, and you will have something arise that we have heretofore escaped.

I think this power, as a power, not because it is such a great power in itself, is unfair simply because of the danger that is associated with this particular power, because of the pressure the people may set out to create on the Minister's own Party for the purpose of having it brought to bear upon the Minister. From that point of view, I think the Minister should, if he is going to go through with this Bill, arrange that sufficient details would be put into the Bill and arrange them so that, subject to certain conditions that would appear, the licence would be automatically given.

I think it would be possible, with care, to draft a Bill that would work as well as is necessary, and to have it so that anybody claiming the licence under certain conditions could get it, or else, if there is to be discrimination, and if there is not going to be something automatic about the operation of the Bill, some sort of Tribunal ought to be set up which would hear evidence and present detailed and reasoned reports. I was hoping that the Government would, in connection with this Bill, show some of the common sense and the moral courage that they showed in connection with the book tax. In connection with that tax, some old policy, or some general policy, was applied to particular items of imports, and it was seen that it was a mistake to do so. I think what has happened here is that the echoes of some old controversies have so impressed the minds of Ministers that they have applied a measure which might, in its principles, have had some justification in other countries, or in this country at another time, to present conditions.

I am certain that there is no menace. In one or two industries there has been some acquirement by outside firms, and, in certain cases, outside firms have come in, and held trade that they had. I do not grant that that is economic penetration. That was to supply a market here, to come in and manufacture their products here. If there is economic penetration involved at all in that case, the economic penetration is on our part. It is an economic conquest on our part. There has been practically no penetration. It is mere fear on the part of some manufacturers, that if they get a tariff they will not be able to grab a particular market, that somebody else at present supplying it would come in and hold it from inside. This whole question of economic penetration is a bogey. Let us, if we are going in for high tariffs get the results of high tariffs. Let us get industries created and employment given, but let us try to have industries as efficient as they can possibly be made, and let us see that the conditions of the workers are as high as the industries will afford, without penalising the consumers.

[An Ceann Comhairle resumed the Chair.]

What this Bill is going to do if worked in any thorough way is that the growth of industry will be slow, that heavy burdens will be placed on the people without any benefit for a period much longer than is necessary, and that industries are going to develop here which, instead of being efficiently managed, as they could be, are going to be relatively inefficiently managed, that the workers, instead of getting the best conditions, are going to get conditions that will be relatively unsatisfactory and, on top of these disadvantages, the consumers are going to have to pay a great deal more. The Bill is thoroughly ill-considered. It has no basis of reality at all behind it. At the best it is a sort of flag-wagging measure, which may gain some support from the unthinking, and which may enable the Minister to talk meaninglessly about an economic Irish Ireland, but it is going to do no sort of good. At best it is trying to do three or four jobs that cannot be effectively done together, where you are, as it were, at the one time laying the foundation, raising the walls and putting on the roof, and where you are going to throw great burdens and great losses and hardships on the community. I hope the Government will not proceed with the measure.

The Minister to conclude.

Is the Minister going to conclude now?

I would like to conclude now as there is a very heavy programme before the House.

Unless the Minister insists, I would like to speak.

If I cannot conclude now I will give way.

I want, from the Minister, a confirmation or denial of the statement that 111 factories have been closed in this State within the last ten years. I take it that Deputy Corry had some information, through the Statistical Section of the Department of Industry and Commerce, when he made the statement.

The Minister for Industry and Commerce broadcasted that statement on Saturday week.

If the Deputy wants further information he can consult his colleague, Deputy McGilligan, who supplied the list.

It certainly will not apply to the number of factories. "Factories" was the word used.

The statement was that 111 factories were closed within the last ten years. The terms of this Bill are most unfortunate. Why did the factories close? Had they to close? What was wrong with them? What was wrong with most Irish factories in my time? Where is the guarantee under this Bill that factories will be efficient in management, in direction, and in the technical end? I speak as one who has been connected with a business that was set up within the last ten years, and that is not a failure. I speak as one concerned with the direction of a business that met with bad times and with good times during that period. It had to be pulled out of the position it was in and kept going in good times and in bad times. I know from experience what I am talking about. The great cause of businesses being failures was because there were not experienced brains at the head. There was inefficiency in the management, and in the technical end. The Parliamentary Secretary to the Minister for Finance laid down a dictum about capital, that it was slow-moving like tar, that it moved in the direction in which capital would get fair treatment. With that statement blazoned abroad by the Parliamentary Secretary, and with, as I understood from Deputy Corry, 111 failures in ten years, and now introducing a new principle, I consider this Bill most inopportune in its effects. I move the adjournment.

The Dáil adjourned at 10.30 p.m. until 3 p.m. on June 15th.

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