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Dáil Éireann debate -
Wednesday, 17 Feb 1943

Vol. 89 No. 5

Committee on Finance. - Exported Live Stock (Insurance) Bill, 1942—From the Seanad.

The Dáil went into Committee to consider amendments by the Seanad to the Exported Live Stock (Insurance) Bill, 1942.

I move that the Committee agree with the Seanad in amendment No. 1:—

Section 5. Sub-section (1) deleted and the following four sub-sections substituted therefor:—

(1) Where a committee of assessors who investigated a claim for compensation under Section 18 of the Principal Act has disallowed, at any time before the appointed day, the claim in whole or in part, then if, but only if, the claimant, within 14 days after the appointed day, requests the board in writing to refer his claim to the standing referee and deposits with the board the appropriate appeal fee, the board shall refer the claim to the standing referee.

(2) Whenever a committee of assessors investigating a claim for compensation under Section 18 of the Principal Act or Section 14 (which relates to compensation in respect of lost or damaged live stock exported via Northern Ireland) of this Act disallows, on or after the appointed day, the claim in whole or in part, the following provisions shall have effect:—

(a) the board shall serve on the claimant notice in writing of the determination of the said committee of assessors,

(b) if, but only if, the claimant, within 14 days after such service, requests the board in writing to refer his claim to the standing referee and deposits with the board the appropriate appeal fee, the board shall refer the claim to the standing referee.

(3) Where the board refer under this section a claim for compensation to the standing referee, the following provisions shall have effect—

(a) the standing referee shall rehear the claim and his determination (both as to the right to the compensation and the amount (if any) thereof) on such rehearing shall be final and conclusive;

(b) if, on such rehearing, the standing referee reverses the decision of the committee of assessors who investigated the claim, the board shall refund to the claimant the appropriate appeal fee, but otherwise shall retain it and pay it into the Exported Live Stock (Insurance) Fund.

(4) In this section the expression "the appropriate appeal fee", in relation to the reference, under this section, to a claim for compensation to the standing referee, means in case the claim relates to animals exported before the appointed day a sum equal to £10 or 5 per cent. of the declared value, within the meaning of the Principal Act, of each animal to which the claim relates, whichever is the greater, or in any other case a sum equal to £10 or 5 per cent. of the appointed minimum value of each animal to which the claim relates, whichever is the greater.

When this Bill was going through the Dáil, provision was made for an appeal to the referee in the case of any decision made by the board of assessors, and the Seanad asked me to give protection to people whose claims had already been settled.

The Minister says that the Seanad asked him to agree to permit people whose claims are already settled to go to the referee. Would the Minister say what the people who have been operating the scheme said about that?

I said to the Seanad: "If the people raised no serious objection and if it were possible legally".

I wanted the Minister to make that point clear.

Question put and agreed to.

I move that the Committee agree with the Seanad in amendment No. 2:—

Section 5. In sub-section (2), after the word "appoint" in line 34, page 3, the words "after consultation with the National Executive" inserted.

This amendment provides that I shall consult the National Executive before appointing the referee, to which I also agreed.

Question put and agreed to.

I move that the Committee agree with the Seanad in amendment No. 3:—

Section 5. In sub-section (2), page 3, line 36, the following words and figure deleted:—"sub-section (1) of".

This amendment is consequential on amendment No. 1.

Question put and agreed to.

I move that the Committee agree with the Seanad in amendment No. 4:—

Section 5. Sub-section (3) deleted, and the following sub-section substituted:—

(6) Sub-section (4) of Section 21 of the Principal Act is hereby repealed.

This amendment is also consequential in that, up to this, the decision of the assessors was final. Under the previous amendment, it is not now final.

Question put and agreed to.

I move that the Committee agrée with the Seanad in amendment No. 5:—

New section. Before Section 6 a new section inserted as follows:—

(1) The board shall as from the passing of this Act consist of nine members, and the national executive shall, as soon as may be after the said passing, appoint a person to be a member of the board.

(2) Each of the persons, who are members of the board immediately after the appointment mentioned in sub-section (1) of this section, shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day in the year 1945 on which the national executive appoint, in pursuance of sub-section (3) of this section, nine members of the board.

(3) The national executive shall, on a day in the year 1945, appoint nine members of the board and of the members so appointed—

(a) each of three (to be selected by the national executive at the time of appointment) shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day in the year 1946 on which the national executive appoint, in pursuance of sub-section (4) of this section, three members of the board.

(b) each of three (to be selected by the national executive at the time of appointment) shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day in the year 1947 on which the national executive appoint, in pursuance of sub-section (4) of this section, three members of the board;

(c) each of three (to be selected by the national executive at the time of appointment) shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day in the year 1948 on which the national executive appoint, in pursuance of sub-section (4) of this section, three members of the board.

(4) The national executive shall, on a day in the year 1946 and in each subsequent year, appoint three members of the board, and each member so appointed in any such year shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day, in the third year after the year of his appointment, on which the national executive appoint, in pursuance of this sub-section, three members of the board.

(5) The term of office of each member of the board appointed under this section shall commence on the day next following the date of his appointment.

(6) Whenever a member of the board dies, resigns, or becomes disqualified, the national executive shall, as soon as conveniently may be, appoint another person to be a member of the board, and the person so appointed shall hold office for the period for which the member so dying, resigning or becoming disqualified would have held office if he had not died, resigned or become disqualified.

(7) Sub-section (1) of Section 4, and sub-sections (1), (3), (4) and (5) of Section 5 of the Principal Act are hereby repealed.

This amendment covers a point raised in this House, in the first instance, but with which I felt I could not deal at the time, because it was raised at a rather late stage of the discussion. The point made was that it was a bad principle to have the whole board going out of office at the end of five years. This amendment provides for rotation. The Bóard will consist of nine members, of whom three will go out each year.

Question put and agreed to.

I move that the Committee agree with the Seanad in amendment No. 6:

Section 6. The section deleted.

Question put and agreed to.

I move that the Committee agree with the Seanad in amendments Nos. 7 and 8:

Section 8 In page 4, line 5, after the word "amended" the words "with effect as on and from the appointed day, as defined by Section 3 of this Act." inserted.

Section 9. after sub-section (1), the following sub-section inserted:—

(2) The amendment effected by sub-section (1) of this section shall only apply in respect of an animal exported on or after the appointed day, as defined by Section 3 of this Act.

These amendments deal with the same point, that is, that the board will have to fix minimum prices before the appointed day. There will be some lapse of time and this is to provide that they will not apply until the appointed day, either in the easement of premiums or in the payment of claims.

Question put and agreed to.

I move that the Committee agree with the Seanad in amendment No. 9:

Section 11. Sub-section 2 deleted, and the following sub-section inserted therefor:—

(2) In this Part of the Act— the expression "British landing place" has the same meaning as in the Detained Animals (Compensation) Act, 1932 (No. 9 of 1932): the expression "levy stamps" has the same meaning as in the Principal Act.

This is a matter of definition.

Question put and agreed to.
Amendments reported and agreed to.
Ordered: That the Seanad be notified accordingly.
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