Dáil Éireann debate -
Tuesday, 26 Mar 1946

Vol. 100 No. 4

Turf Development Bill, 1945—Report and Final Stage.

Minister for Industry and Commerce (Mr. Lemass)

I move amendments Nos. 1 and 2:—

1.—In page 21, Section 57 (1), line 50, to delete the word "sub-section" and substitute the word "section".

2.—In page 21, Section 57, after sub-section (2), to add the following sub-section:—

(3) If the exemption Order is made it shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution is passed by Dáil Éireann within the next subsequent 21 days on which Dáil Éireann has sat after the Order is laid before it annulling the Order, the Order shall be annulled accordingly.

One amendment is consequential on the other. I am proposing them in consequence of an undertaking which I gave during the discussions in Committee, namely, that an Order, made by the Minister for Finance postponing after the first five year period the payment of interest by the board for a further period, would require to be laid before the Dáil, and be subject to annulment by resolution.

Amendments Nos. 1 and 2 agreed to.

Mr. Cosgrave

Perhaps the Minister would deal with the point that I mentioned.

Mr. Lemass

I promised Deputy Cosgrave to consider another amendment. There is a reference here to an Emergency Powers Order which is being made part of this legislation. Deputy Cosgrave suggested that the Order should be printed in extenso in the Bill. I thought there was something in that contention, and I had the matter examined. The objection to doing so, apart from the length of the Order itself, is that it has no great importance, apart from the operations of the proposed board, and that it does not really affect the public interest. The main objection, however, of the Parliamentary draftsman arises out of the form of a Bill which he is preparing to provide for the continuance of various Emergency Powers Orders after the Emergency Powers Act lapses. He considers that it would be creating a very difficult situation for him if we were to establish the precedent now of reproducing these Orders in full in legislation. He has pointed out that the Orders are, in fact, as freely available to the public as the Bill itself, and would, in fact, be available earlier for public distribution than the Bill itself in its final printed form. He has urged, therefore, that the Bill should be allowed to remain as it is, and does not consider that any difficulty will be caused for those who will have to administer it. He thought that the change suggested would create a rather embarrassing precedent in view of the amount of legislation of a similar kind which will be required during the course of the year.

Mr. Cosgrave

May I point out that the second Order—Emergency Powers Order 92—41 S.R.O. 494—was not printed. It is only available in typescript.

Mr. Lemass

I understand that the intention is to have them all printed and bound in the same way as Acts of the Oireachtas.

General Mulcahy

Are we to understand that the Minister is suggesting that we are later to have a Bill in which a certain number of Emergency Powers Orders will be mentioned simply by name, and that that Bill will bring all these Emergency Powers. Orders into permanent legislation without their terms appearing in a Statute of any kind?

Mr. Lemass

I do not think it is intended that they should become permanent legislation. So far as I know, the intention is that the Bill which will continue them will itself be a temporary measure. In any event, these Orders will operate only until they have been incorporated in the permanent code relating to the particular matters with which they deal.

Question—"That the Bill, as amended, be received for final consideration"—put and agreed to.

Agreed: That the Final Stage be taken now.

Question—"That the Bill do now pass"—put and agreed to.