Vol. 97 No. 4
If the House has no objection, I propose taking those amendments now. They are largely drafting and machinery amendments, and have been unanimously accepted in the Seanad. I am recommending the acceptance of all those amendments to the House.
Agreed.
I move that the Committee agree with the Seanad in amendment No. 1:—
In page 28, sub-section (2) of Section 65 deleted and the following sub-sections substituted:—
(2) A mental hospital authority shall, on the application of an officer or servant employed by them, inform him in writing whether his name is or is not entered in the register maintained under this section by them.
(3) A mental hospital authority shall keep affixed in a conspicuous position in each institution maintained by them a notice stating that, on the application of an officer or servant employed by them, they will inform him whether his name is or is not entered in the register maintained under this section by them.
Sub-section (2) of Section 65 requires a mental hospital authority to keep affixed in a conspicuous place in each institution a list of the officers and servants whose names are entered in the register maintained by the mental hospital authority under Section 65. It was represented in the Seanad that the keeping of a list like this in each institution would entail considerable labour. The section was amended to place an obligation on a mental hospital authority to inform any officer or servant in writing whether his name was or was not entered in the register, and to keep a notice affixed in each institution to the effect that any officer or servant would be supplied with that information on application.
I move that the Committee agree with the Seanad in amendment No. 2:—
In page 34, Section 76, line 17, before the words "after" the words "(or such longer period not exceeding six months as the Minister, if in any particular case he so thinks fit, may approve of)" inserted.
Section 76 provides for the payment of gratuities to female officers and servants who have service of not less than five years and who leave the service to get married, but any such officer or servant is required under the section to produce to the mental hospital authority within three months of leaving the service a certificate to show that she has been married within that period. The amendment proposed gives the Minister power to extend the period in any particular case up to a period not exceeding six months.
I move that the Committee agree with the Seanad in amendment No. 3:—
In page 38, Section 86, sub-section (4), line 21, before the word "after" the words "(or such longer period not exceeding six months as the Minister, if in any particular case he so thinks fit, may approve of)" inserted.
This embodies the same principle as amendment No. 2.
I move that the Committee agree with the Seanad in amendment No. 4:—
In page 40, in line 54 the words "or refund of contributions" deleted and the words "marriage gratuity, refund of contributions or other payment" substituted; and in lines 59 and 64 the words "or refund" deleted, and in each case the words "gratuity, refund or other payment" substituted.
This is a drafting amendment consequential on the new section providing for marriage gratuities.
I move that the Committee agree with the Seanad in amendment No. 5:—
In page 41, Section 92, sub-section (1), line 55, the words "not later than six months" deleted and the words "within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of)" substituted.
Section 92, sub-section (1), empowers an officer or servant who is aggrieved by the grant made by a mental hospital authority, or by their neglect or refusal to make a grant, to report the facts to the Minister not later than six months after the termination of his office or employment. The case was made in the Seanad that the period of six months was too short. To meet this view, an amendment was proposed empowering the Minister to extend the period in any particular case to a period not exceeding 12 months.
I move that the Committee agree with the Seanad in amendment No. 6:—
In page 42, Section 92, sub-section (2), line 13, the words "not later than six months" deleted and the words "within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of)" substituted.
This embodies the same principle as the previous amendment.
I move that the Committee agree with the Seanad in amendment No. 7:—
In page 42, Section 92, sub-section (3), line 25, the words "not later than six months" deleted and the words "within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of)" substituted.
This also embodies the same principle.
I move that the Committee agree with the Seanad in amendment No. 8:—
In page 50, Section 109, sub-section (7), line 5, the figures and word "1939 to" deleted and the figures and word "1940 and" substituted.
This is a drafting amendment. It is purely formal.
I move that the Committee agree with the Seanad in amendment No. 9:—
In page 54, Section 126, line 1, before the word "alteration" the word "structural" inserted.
Section 126 provides that no addition or alteration to the premises of a private institution shall be made unless written notice accompanied by plans is given to the Minister, and the Minister consents. It was pointed out in the Seanad that "alteration" might include such small matters as a change of curtains, and to meet this objection the word "structural" is being inserted before the word "alteration".
I move that the Committee agree with the Seanad in amendment No. 10:—
In page 55, Section 135, line 46, the word "unlawful" deleted and the word "lawful" substituted.
This is a drafting amendment. It really deals with a mistake in printing.
I move that the Committee agree with the Seanad in amendment No. 11:—
In page 59, Section 148, line 23, before the word "alteration" the word "structural" inserted.
This is consequential on amendment No. 9.
I move that the Committee agree with the Seanad in amendment No. 12:—
Before Section 205, page 78, a new section inserted as follows:—
205. —A mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital may—
(a) transfer a patient detained in such hospital to any other institution maintained by them, and
(b) transfer a patient detained in an institution (other than such hospital) maintained by them to such hospital or to any other institution maintained by them.
This new section is intended to empower a mental hospital authority to transfer patients from one of their institutions to another. There is no similar provision in the existing law. It was always assumed that a mental hospital authority had an inherent power to make such transfers, and opportunity is now being taken to put the matter beyond any legal doubt.
I move that the Committee agree with the Seanad in amendment No. 13:—
In page 96, Section 250, line 12, before the word "for" the word "or" inserted.
This is a drafting amendment.
I move that the Committee agree with the Seanad in amendment No. 14:—
In page 97, Section 256, line 33, the words "contrary to" deleted and the words "which is not a religious service of" substituted.
This is also a drafting amendment.
I move that the Committee agree with the Seanad in amendment No. 15:—
In page 107, rule 7, line 6, the words "the day after" deleted.
This is also a drafting amendment.
I move that the Committee agree with the Seanad in amendment No. 16:—
In page 109, Rule 19 (2), line 4, before the word "elect" the words "or, in the case of a resignation of office, at the meeting at which the resignation becomes effective," inserted.
This is a drafting amendment.
I move that the Committee agree with the Seanad in amendment No. 17:—
In page 109, Rule 19 (3), in line 7, before the word "ceases" the words "resigns the office of chairman or vice-chairman or sooner" inserted and in line 9 the words "the day after" deleted.
This is a drafting amendment.
