The Minister mentioned on the Second Stage that he did not propose to request the Commission to hold an inquiry into such a matter as the container traffic. Can the Minister say in what particular circumstances it is proposed to apply the terms of Section 4? I can understand that a discretion is left to the Minister in any particular case, but, as I understand the section, it is possible that this section could be used either where employees refuse to work a certain system or where traders refuse to adopt particular methods of trading. Could the Minister say the circumstances in which Section 4 might be invoked?
Restrictive Trade Practices (Amendment) Bill, 1959—Committee and Final Stages.
Sections 1 to 3, inclusive, agreed to.
SECTION 4.
Question proposed: "That Section 4 stand part of the Bill".
As the Deputy will see, the Section as it reads applies to the use of "particular materials or particular methods for manufacturing or construction purposes."
And only that?
It is not intended to refer to such matters as container traffic. To give the Deputy an example —which is not relevant now but which was at one stage—the refusal of carpenters to handle steel windows in the construction of houses. That is about the best example I can give the Deputy.
Question put and agreed to.
Section 5 agreed to.
SECTION 6.
I move amendment No. 1.
To add at the end of the section the following new subsection:—
"( ) Where the Commission are of opinion that the Minister should revoke the order which is the subject of a special review, they shall in their report of the review recommend accordingly."
This is a drafting amendment and the new subsection is designed to cover the case where, following the carrying out of a special review, the Commission are of the opinion that the Minister should revoke the Order which was the subject of the review. The Commission would be obliged in such cases to recommend accordingly in their report.
Amendment agreed to.
Section 6, as amended, agreed to.
Section 7 agreed to.
SECTION 8.
I move amendment No. 2:—
To insert as subsection (1) of the section the following new subsection:—
"(1) Section 9 of the Principal Act is hereby amended by the insertion at the end of subsection (2) of ‘or under this subsection'."
This again is a drafting amendment. Section 9, subsection (1) of the Principal Act—the Act of 1953—provides that the Minister may make an Order following consideration by him of a report of a special inquiry held by the Fair Trade Commission. Subsection (2) of the same Section provides that the Minister may by Order invoke or amend an order. There is not, however, power under the original Act for the Minister to revoke or amend an amended Order and the purpose of inserting these words is to give that power to the Minister.
Amendment agreed to.
Section 8, as amended, agreed to.
Sections 9 and 10 agreed to.
Title agreed to.
Bill reported with amendments.
Agreed to take remaining Stages to-day.
Bill received for final consideration and passed.