Dáil Éireann debate -
Thursday, 2 Dec 1954

Vol. 147 No. 10

Arbitration Bill, 1954—From the Seanad.

The Dáil went into Committee to consider amendments from the Seanad.

Minister for Justice (Mr. Everett)

I move that the Committee agree with the Seanad in amendment No. 1:—

Section 29.

Sub-section (2) deleted and the following new sub-section inserted:—

(2) Where an award directs any costs to be paid, then, unless the arbitrator or umpire, with the consent of the parties, taxes or settles the amount thereof—

(a) the costs shall be taxed and ascertained by a taxing master,

(b) the procedure to obtain taxation and the rules, regulations and scales of costs of the court relative to taxation and to the review thereof shall apply to the costs to be so taxed and ascertained as if the award were a judgment or order of the court.

Question put and agreed to.

Mr. Everett

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

Section 33.

In sub-section (1), page 11, line 48, "of the High Court" deleted.

Question put and agreed to.

Mr. Everett

I move that the Committee agree with the Seanad in amendment No. 3:—

New Section.

Before Section 49, but in Part IV, the following new section inserted:—

49.—(1) If, in any cause or matter (including any cause or matter to which a State authority is a party, but excluding a criminal proceeding at the suit of the Attorney-General), the question in dispute consists wholly or in part of matters of account, the court or the Circuit Court may at any time order the whole cause or matter or any question or issue of fact arising therein to be tried before an arbitrator agreed on by the parties or before an officer of the court or the Circuit Court (as the case may be), upon such terms as to costs or otherwise as the court or Circuit Court (as the case may be) thinks just.

(2) The references in Sections 50 and 52 of this Act and the first and second references in Section 51 of this Act to the court shall be construed as including references to the Circuit Court.

Question put and agreed to.

Mr. Everett

I move that the Committee agree with the Seanad in amendment No. 4:—

Section 49.

The section deleted.

Question put and agreed to.

Amendments reported and agreed to.

Ordered: That Seanad Éireann be notified accordingly.