Dáil Éireann debate -
Tuesday, 11 Feb 1947

Vol. 104 No. 5

Committee on Finance. - Auctioneers and House Agents Bill, 1946—Report and Final Stages.

Minister for Justice (Mr. Boland)

I move amendment No. 1:—

In page 7, line 33, Section 14 (d) (ii) to delete the words "Accountant of the Courts of Justice" and substitute the words "President of the High Court".

This is an amendment to substitute the President of the High Court for the Accountant of the Courts of Justice. Deputy Costello raised a question as to the advisability of going on with this amendment on Committee. I had put, it down on the recommendation of the President of the High Court. So, when the Deputy questioned it, I withdrew the amendment to inquire further. I again inquired of the President of the High Court and he thinks it is better to have the bonds in his name than in the name of the accountant. For that reason I am moving this amendment.

Amendment agreed to.

Mr. Boland

I move amendment No. 2:—

In page 10, lines 1 to 25, to delete Section 19, and substitute the following:—

19. (1) Every person conducting an auction (other than an auction to which sub-section (2) of Section 6 of this Act relates) shall, if so requested by an officer of customs and excise, produce and show to the officer, there and then or within the next seven days, an auctioneer's licence or auction permit under which he was authorised to conduct the auction.

(2) Every person who contravenes sub-section (1) of this section shall, unless he satisfies the court that he was authorised to conduct the auction and that the contravention was due to circumstances beyond his control, be guilty of an offence under this section and shall be liable on summary conviction to an excise penalty of £50.

Deputy Allen put down amendments which I accepted in principle. One was to extend to seven days the time for the production of a permit. Another was to increase the penalty from £10 to £50. That is provided for in this amendment.

Amendment agreed to.

Mr. Boland

I move amendment No. 3:—

In page 10, Section 20, to insert a new sub-section as follows:— (3) Sub-section (1) of this section shall not apply to the holding by or on behalf of a licensed auctioneer of an auction of which a notice, bearing the name under which he is licensed to carry on business and the address of his principal place of business in the State, has been published in a newspaper circulating in the area where the auction is held or displayed in a conspicuous position in the area.

This is another of Deputy Allen's amendments, which I accepted in principle. It is to provide that where an auction has been advertised in the local Press it will not be obligatory on the auctioneer to put up a poster also.

Amendment agreed to.

Agreed to take the Final Stages now.

Bill, as amended, received for final consideration and passed.

The Dáil adjourned at 10.10 p.m. until 3 p.m. on Wednesday, 12th February.