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Dáil Éireann debate -
Friday, 23 Mar 1945

Vol. 96 No. 16

Customs (Amendment) Bill, 1945—From the Seanad.

The Dáil went into Committee to consider amendments inserted by the Seanad.

I indicated this morning that it was my intention to ask the Dáil to agree to the two amendments inserted by the Seanad in this Bill. I move that the Committee agree with the Seanad in amendment No. 1:—

Section 3. In sub-section (3) (b) (iii), line 38, page 3, before the word "prior" the words "within a reasonable time" inserted.

Question put and agreed to.

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

Section 9. In page 7, a new sub-section added to the section as follows:—

(3) Any judge of the Circuit Court may, in his discretion, on an appeal under this section, direct that the complainant pay the costs incurred by the respondent in connection with such appeal (including any costs incurred by him on any reference to the Supreme Court as provided by the next following section).

Through some mistake or error the amendment as set out here is not the amendment that was agreed to in the Seanad last evening. It was agreed between the mover of the amendment, Senator Sweetman, and myself—and the Seanad agreed—that the amendment to be accepted to the Bill would not include the words within the brackets "(including any costs incurred by him on any reference to the Supreme Court as provided by the next following section)". I move, therefore, the following amendment to Seanad amendment No. 2:—

In the new sub-section (3), inserted in Section 9, to delete the words and brackets "(including any costs incurred by him on any reference to the Supreme Court as provided by the next following section)".

I take it that the Minister's amendment to amendment No. 2 on the Order Paper will have to go back to the Seanad?

I want it to be made clear that the amendment on the Order Paper is being amended by the Dáil at the Minister's request.

Amendment No. 2, as amended, agreed to.
Amendment No. 1 reported and agreed to.
Amendment No. 2, as amended, reported and agreed to.
Ordered: That a Message be sent to the Seanad requesting their agreement.
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