I am proposing to accept all the amendments from the Seanad to the Auctioneers and House Agents Bill.
Auctioneers and House Agents Bill, 1946.—From the Seanad.
When is it proposed to take the amendments?
Mr. Boland
Now, if there is no objection.
No objection taken.
The Dáil went into Committee to consider the amendments.
Amendment No. 1:
In page 3, Section 6, lines 42-43, the words, "or by any person authorised by him" deleted.
Mr. Boland
I move that the Committee agree with the Seanad in amendment No. 1. The Bill provided, when it went to the Seanad, that a rate collector "or any person authorised by him" could carry out an auction of seized goods. Objection was taken in the Seanad to the fact that a person authorised by the rate collector, not being a licensed person, could carry out the auction. After listening to the arguments made I agreed to the deletion of the words set out in the amendment. The meaning of the amendment is that if a rate collector makes a seizure he has to carry out the auction himself or employ an auctioneer to do it for him.
Question put and agreed to.
Amendment No. 2:
In page 4, Section 6, sub-section (2) a new paragraph as follows added:
(j) an auction by any person of goods belonging solely to that person.
Mr. Boland
I move that the Committee agree with the Seanad in amendment No. 2. I was not disposed at first to accept this amendment, but I decided in the end to do so as I do not think it is going to make very much difference. There is, of course, the principle to be considered that a person ought to be allowed to sell his own goods.
While I am not opposing the acceptance of the amendment I want to point out that it is not quite as innocent or as harmless as amendment No. 1. I read the discussion which took place on this particular amendment in the Seanad. I saw the reasons which were advanced in favour of it. They were not very convincing to me. May I say that neither in this Bill, nor in any Act, is there any proviso which prevents a person from selling his own house or property? But this amendment does contain a new principle in so far as it gives a person other than a licensed auctioneer, the right for the first time to sell his own property by auction. That is the distinction and, so far as I know, this was brought in the Seanad because certain people in the Seanad were afraid that if this amendment were not inserted people would not be allowed to auction at fairs and markets. That is the position—I do not know whether it is a blessing or not.
Mr. Boland
I must say I found it impossible to answer the arguments put up.
I do not blame you.
Mr. Boland
I had to give way.
Question put and agreed to.
SECTION 15.
Amendment No. 3:—
In page 7, line 58, and page 8, line 1, Section 15 (1), the words "in the course of or in relation to the business of auctioneer or house agent carried on by him" deleted and the words "as a licensed auctioneer or licensed house agent in relation to the receipt or payment of money or the safe custody of property" substituted therefor.
Mr. Boland
I move that the Committee agree with the Seanad in amendment No. 3. This is to provide that the deposit is not liable for a decree which may be made against an auctioneer in respect of something else besides receipt of money or payment of money in the course of his business as auctioneer. If the decree was in respect of his business as an auctioneer, the claim could be made against the deposit.
Question put and agreed to.
Amendment No. 4:—
In page 8, lines 14 and 15, Section 15 (2), the words "in the course of or in relation to the business of auctioneer or house agent carried on by him" deleted and the words "as a licensed auctioneer or licensed house agent in relation to the receipt or payment of money or the safe custody of property" substituted therefor.
Mr. Boland
I move that the Committee agree with the Seanad in amendment No. 4. This is consequential.
Question put and agreed to.
SECTION 19.
Amendment No. 5:—
In page 10, lines 4 and 5, Section 19 (1), the words "or within the next seven days" deleted and in line 6 at the end of the sub-section the words "or within the next seven days, produce and show such a licence or permit to any officer of customs and excise at a customs and excise office to be named by such person at the time when the said request is made" inserted.
Mr. Boland
I move that the Committee agree with the Seanad in amendment No. 5. This is to provide that an auctioneer will not be required to produce his licence at the place where he is conducting the auction. If his office is in Dublin he may have to conduct an auction down the country and as it stood he would have to go down and present his licence there. It provides that he can produce it at some place suitable for himself, say, his own town.
Question put and agreed to.
Amendment No. 6:—
In page 10, Section 20, line 28, to delete the word "twenty" and substitute the word "ten".
Mr. Boland
I move that the Committee agree with the Seanad in amendment No. 6. Section 20 requires a person holding an auction to display a placard showing his address. He could be fined £20 if he failed to do this. I am prepared to reduce the penalty to £10.
Question put and agreed to.
Amendments Nos. 1 to 6 reported and agreed to.
Ordered: That the Seanad be notified accordingly.