I move amendment No. 10:
In page 8, lines 14 and 15, to delete "a supply certificate shall be deemed to be granted under section 3 of this Act" and substitute "he shall grant a supply certificate".
Video Recordings Bill, 1987: Report Stage (Resumed).
Amendment agreed to.
I move amendment No. 11:
In page 9, between lines 32 and 33, to insert the following:
"(2) A person who is aggrieved by a classification may, not later than 3 months after the grant of the supply certificate concerned, appeal in the prescribed manner to the Appeal Board against the classification and the Appeal Board may affirm the classification or direct that the video work concerned be given a specified higher classification.".
Amendment agreed to.
I move amendment No. 12:
In page 9, line 37, after "order", to insert ", or the giving of the classification,".
Amendment agreed to.
I move amendment No. 13:
In page 9, to delete lines 42 to 46 and substitute the following:
"(3) The Appeal Board shall, as soon as may be, notify the Official Censor of a decision by it on an appeal under this section and—
(a) if the decision is to revoke the prohibition order concerned, the Official Censor shall, as soon as may be, grant a supply certificate in respect of the video work concerned, and
(b) if the decision is to direct that the video work concerned be given a higher classification, the Official Censor shall, as soon as may be, revoke the supply certificate concerned and grant another supply certificate in respect of the work in which is included a statement indicating the classification specified by the Appeal Board.".
Amendment agreed to.
I move amendment No. 14:
In page 11, lines 13 and 14, to delete "the holder of a licence" and substitute "persons of prescribed categories".
This amendment relates to section 11 and deals with the categories of people entitled to get labels for video recordings from the Official Censor. The Bill, as originally drafted and passed by the Seanad, provided that anybody could get labels from the Official Censor on payment of the appropriate fee. An amendment on Committee Stage provided for a tightening up with regard to who would be entitled to get such labels. In speaking to that amendment the Minister told the House that further thought would be given to the matter, particularly having regard to the remarks made in the course of the debate.
The amendment now being proposed would enable the Minister to stipulate, by regulation, who would be entitled to get labels from the Official Censor. Initially it would be the intention to provide that only a person who was furnished with a supply certificate, or his business successor, would be entitled to get labels. Should this prove to be an unsatisfactory arrangement it could then be changed by regulation. The Minister is satisfied that this amendment would constitute a satisfactory solution having regard to the various viewpoints expressed by Members on this matter.
I commend the amendment to the House.
On a point of clarification, I take it the Minister is talking about the permanent cassette in which the spool of film is kept and also the cover so that the label of which the Minister speaks would be affixed to both at all times?
The question of labels has been fully explained on section 11.
Amendment agreed to.
I move amendment No. 15:
In page 11, between lines 27 and 28, to insert the following:
"(b) A video recording or a spool, case or other thing on or in which it is kept shall not be deemed to be otherwise that in compliance with subsection (1) of this section by reason only that the classification it indicates is a lower one than that in force at the relevant time.".
Amendment agreed to.
I move amendment No. 16:
In page 12, between lines 6 and 7, to insert the following:
"(2) A person who supplies, offers to supply or has in his possession for the purpose of supplying it a video recording containing a video work shall be guilty of an offence if the recording, or any spool, case or other thing on or in which it is kept, contains an indication that the classification of the work is a higher classification than that in force for the time being.".
Amendment agreed to.
I move amendment No. 17:
In page 12, to delete lines 9 to 12 and substitute the following:
"(a) in case the offence is under subsection (1) of this section, believed on reasonable grounds that the video work concerned was a work in respect of which a supply certificate was in force at the time of the commission of the offence alleged, or
(b) in case the offence is under subsection (2) of this section, believed on reasonable grounds that the classification specified in the indication concerned or a higher classification was in force in relation to the video work concerned at the time of the commission of the offence alleged, or".
Amendment agreed to.
I move amendment No. 18:
In page 12, line 15, to delete "aforesaid" and substitute "to which the offence relates".
Amendment agreed to.
I move amendment No. 19:
In page 13, to delete lines 13 to 15 and substitute the following:
"was in force in respect of the work, and
(iii) that a document identified by and attached to the certificate is a copy of the supply certificate in force as aforesaid,".
Amendment agreed to.
I move amendment No. 20:
In page 13, to delete lines 45 to 47 and substitute the following:
"was in force in respect of the work, and
(iii) that a document identified by and attached to the certificate is a copy of the prohibition order in force as aforesaid,".
Amendment agreed to.
I move amendment No. 21:
In page 18, to delete lines 44 to 46 and substitute the following:
"relation to specified premises, and
(iii) that a document identified by and attached to the certificate is a copy of the licence in force as aforesaid,".
Amendment agreed to.
I move amendment No. 22:
In page 22, line 16, after "Act", to insert "(other than section 4)".
Amendment agreed to.
Question: "That the Bill, as amended, be received for final consideration", put and agreed to.
We now move to Fifth Stage. When is it proposed that Fifth Stage be taken?
Now.