Dáil Éireann debate -
Friday, 1 Jul 1932

Vol. 42 No. 15

Dairy Produce (Price Stabilisation) Bill, 1932—From the Seanad.

The Dáil went into Committee.

Minister for Agriculture (Dr. Ryan)

I move: That the Dáil agree with the Seanad in the following amendments:—

Section 2, sub-section (1). The word "registry" deleted in line 38 and the word "register" substituted therefor.

Section 10, sub-section (2). After the word "after" in line 39 the words "the expiration of" inserted.

Section 11, sub-section (4). The words "paid to" deleted in line 5 and the words "received by" substituted therefor.

Section 12, sub-section (4). The words "paid to" deleted in line 36 and the words "received by" substituted therefor.

Section 12, sub-section (4). The words "paid to" deleted in line 39 and the words "received by" substituted therefor.

Section 13, sub-section (2). After the word "after" in line 49 the words "the expiration of" inserted.

Section 15, sub-section (1). After the word "under" in line 25 the words "either of" inserted.

Section 15, sub-section (1). After the word "proves" in line 27 the following words inserted: "within two months after the last date specified in this Act for the payment by him of such levy."

Section 15, sub-section (2). After the word "proves" in line 34 the following words inserted: "within two months after the last date specified in the said section for the payment by him of such levy."

Question put and agreed to.

Dr. Ryan

I move that the Dáil agree with the Seanad in the following amendment:

New section. Before Section 16 a new section inserted as follows:—

"16. (1) Where a butter trader (including a butter trader who is the proprietor of registered premises) who is liable under this part of this Act to pay a levy on any farm butter acquired by him during a particular levy month sells such butter to an authorised person not later than the fourth day after the expiration of such levy month and such authorised person issues to such butter trader an undertaking (in this section referred to as a levy undertaking) in the prescribed form whereby such authorised person undertakes on behalf of such trader to pay to the Minister not later than the seventh day after the expiration of such levy month such levy, and such undertaking is sent to the Minister by such butter trader not later than such seventh day, the following provisions shall have effect, that is to say—

(a) such butter trader shall not be liable to pay such levy, unless such authorised person fails or neglects to comply with such undertaking, in which event the levy shall be payable to the Minister by such butter trader on demand;

(b) in the event of such authorised person failing or neglecting to comply with such undertaking, and such levy being paid by such butter trader and no refund being made to him under the immediately preceding section, the amount of such levy shall be a debt due and payable by such authorised person to such butter trader and may be recovered from such authorised person by such butter trader as a simple contract debt in a court of competent jurisdiction;

(c) in any proceedings under the immediately preceding paragraph a certificate under the seal of the Minister certifying that an authorised person has failed to comply with a levy undertaking issued by him to a butter trader in respect of a levy, and that such butter trader has paid such levy and that no refund has been made to such butter trader under the immediately preceding section, shall be primâ facie evidence of the facts so certified.

(2) In this section the expression "authorised person" means a person for the time being authorised in writing by the Minister to issue levy undertakings.

Mr. Roddy

Perhaps the Minister would offer some explanation as to the scope of this amendment.

Dr. Ryan

This does require some explanation. As the Bill stands Deputies will note that if butter passes in the case of two or three resident buyers, from one to another, they will be all liable to pay the levy. If a farmer sold butter to a dealer the dealer would be liable for the levy. He would have to keep books and on the seventh day after the levy month he would be assessed with 2d. for every pound he bought. If that dealer passed on the butter to a wholesaler the same thing would apply to the wholesaler. The wholesaler might pass it on to the factory and the same thing would apply to the factory. We would collect the levy from the people through whose hands the butter passed. Two of them would be entitled to a refund but there would be a considerable amount of money passing between different buyers and the Department and there would be some little time within which they might be out of their money. This section is brought in to make it possible that instead of the different buyers through whom the butter would pass paying a levy the first buyers would give a levy undertaking. They would give an undertaking that they would be responsible for the levy when called upon. In that way only one of the people through whose hands the butter would pass would pay a levy; the others would only give a certificate.

Question put and agreed to.

Dr. Ryan

I move: That the Dáil agree with the Seanad in the amendment 11:—

Section 29. sub-section (1). After the word "duty" in line 21 the following words inserted: "nor exceed such a sum per pound as would, if added to the price per pound which is certified in such regulations to be in the opinion of the Minister the average free on rail price per pound of creamery butter exported during such period previous to the making of such regulations as the Minister may select and specify in such regulations amount to one shilling and three pence halfpenny."

Mr. Bennett

Is the Minister satisfied that the acceptance of this amendment may not defeat the object he originally had in the Bill of providing something akin to an economic price? I know the Minister cannot provide an economic price, but will not this limit the possibility of the farmer getting an economic price?

Dr. Ryan

No. I said several times that the maximum price would be 142/-. This would amount to about 144/8.

Question put and agreed to.

The Dáil agreed with the Seanad in the following amendments:—

12. Section 29, sub-section (2). After the word "duty" in line 29 the following words inserted: "nor exceed such a sum per pound as would, if added to the price per pound which is certified in such regulations to be in the opinion of the Minister the average free on rail price per pound of creamery butter exported during such period previous to the making of such regulations as the Minister may select and specify in such regulations, amount to one shilling and three pence halfpenny."

13. Section 42, sub-section (1). The words "Where at the expiration of any financial year there are any moneys standing to credit in" deleted in lines 14-15 and the words "Where at any time there are moneys standing to the credit of" substituted therefor.

14. Section 42, sub-section (2). The words "Dáil Eireann" deleted in line 23 and the words "each House of the Oireachtas" substituted therefor.

15. Section 42, sub-section (2). The words "resolution of Dáil Eireann" deleted in line 25 and the words "a resolution of each such House" substituted therefor. —(Minister for Agriculture.)

Seanad amendments reported to the Dáil and agreed to.

Ordered: That a Message be sent to the Seanad accordingly.