Amendments 1 and 2 are associated and I move that the Committee agree with the Seanad in these amendments:—
Amendment 1:
Section 2. Lines 13-17 inclusive deleted in page 4.
Amendment 2:
New section. Before Section 3 a new section inserted as follows:—
3.—(1) Any person who claims that he is a person who carried on an existing merchandise road transport business, within the meaning of this section, or that he is the successor in title to a person who carried on an existing merchandise road transport business may, not later than one month after the date of the passing of this Act, apply to the Minister for the grant of a certificate under this section.
(2) Every application under this section shall be in writing and shall state fully the facts upon which the applicant claims that he or his predecessor in title is a person who carried on an existing merchandise road transport business.
(3) Where any application is made to the Minister under and in accordance with this section, the Minister shall, if, but only if, he is satisfied that the applicant or his predecessor in title is a person who carried on an existing merchandise road transport business, issue a certificate to the applicant accordingly, and any person to whom a certificate is issued under this section and no other person shall be an existing carrier for the purposes of this Act.
(4) A person shall for the purposes of this section be a person who carried on an existing merchandise road transport business, if he was carrying on such existing merchandise road transport business at the date of the passing of this Act and such business was during the whole of the period necessary to constitute it an existing merchandise road transport business carried on either by such person or successively by persons from or through whom such person claims to be entitled to such business and by such person.
(5) For the purposes of this section the following provisions shall have effect, that is to say:—
(a) each of the following shall be an existing merchandise road transport business, that is to say:—
(i) any merchandise road transport business which was commenced after the 1st day of July, 1932, and before the 8th day of February, 1933, and was carried on in the manner required by this sub-section during the whole of the period beginning on the date of such commencement and ending on the date of the passing of this Act,
(ii) a merchandise road transport business which was carried on in the manner required by this sub-section during the whole of the period beginning on the 1st day of July, 1932, and ending on the date of the passing of this Act.
(b) a merchandise road transport business shall not be deemed to have been carried on in the manner required by this sub-section during any period unless during such period such business was
(i) having regard to its nature, carried on with reasonable continuity, and
(ii) carried on with mechanically-propelled vehicles duly licensed in Saorstát Eireann under Section 13 of the Finance Act, 1920, as amended by subsequent enactments.
The matter dealt with in these amendments was discussed when the Bill was passing through the Dáil. There was a question raised concerning the definition of "existing carrier." A question was raised in the Seanad also as regards this matter and, finally, this amendment was produced to deal with the situation. It provides that any person claiming to be an existing carrier can apply to the Minister for a certificate to that effect. The definition of "existing carrier" is one who has carried on a bona fide transport business from 1st July to the passing of the Act, with reasonable continuity, having regard to its nature. The person who gets the certificate is then automatically entitled to a licence. The amendments do not involve any change in the principle, but merely effect a change in the machinery.