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Seanad Éireann debate -
Monday, 14 Dec 1925

Vol. 6 No. 3

ADAPTATION OF CHARTERS BILL, 1925.—COMMITTEE STAGE.

I must make a similar motion on this Bill—that it be referred to a Select Committee consisting of seven Senators to be nominated by the Committee of Selection, four to form a quorum. Senator Mrs. Wyse Power said she had not enough information about the last motion of this kind to enable her to form a judgment upon the matter. I hope the House will excuse me if I deal a little more at length as to the reasons for sending this Bill to a Select Committee. When we met last Thursday we understood from the Chairman that there were certain measures to be brought before us, but there was no mention of this Bill. I did not know until Saturday evening that it was to be brought forward to-day, and there was no opportunity whatever for studying the matter sufficiently so as to prepare amendments to bring before the House for consideration to-day. I had read a good deal of the debate on the subject in the Dáil, and also our attention had been drawn to it by some very eminent lawyers as a Bill which required great attention, as it dealt with bodies having chartered rights, that on the face of it it gave the Executive here very great powers over those chartered associations, societies and companies, and that it was a Bill which, once it was passed by the Seanad, would remain the law, and confer those powers on the Executive always. It is a Bill which should not be passed without the most serious consideration of what its effects could be. One can see that it gives the Executive Council very great power. Clause I says: "The Executive Council may from time to time by order make all such adaptations," etc., "as are in the opinion of the Executive Council necessary in order to enable such charter to have full force and effect in Saorstát Eireann." As far as I have read the statement of the Government's case in the Dáil I believe that the undoubted object of the Bill is to enable charters which were in force when this country was part of the United Kingdom to be adapted to suit the new order of things, and that the Government's object in the whole matter is perfectly correct I have no doubt whatever. The whole question is as to what terms they are putting into the Bill to enable them to do this. So far as I have been able to judge, the wording of the Bill gives them far greater powers than are necessary to carry out the objects which that first clause specifies. The Bill deals with two other Bills. When I came to study it I found that the second section deals with the Adaptation of Enactments Act. Then I had to study that. Section 3 deals with the Ministers and Secretaries Act, and when you come to read the powers that are given to the Executive Council under these two Acts, and then read them back into this Bill, it undoubtedly appears to an ordinary individual that we should be extremely careful and be fully satisfied that the Bill gives the powers required by the Government, but goes no further.

I will not deal with the matter further. I am only arguing that it would be wisest to have a Select Committee to consider these matters, and I believe that would expedite the passing of this Bill, because if we know that a Committee of ours has carefully gone through it, if we have amendments introduced by them, or an assurance from them that the Bill is only what it appears to be and only gives the powers required by the Government, I believe we will have a much easier time in dealing with it than if we have to fight it through clause by clause, with a number of amendments. I do not want to argue for or against the Bill, but am only pointing out that it requires such attention that it ought to go before a Select Committee.

Who is to be Chairman of the Committee?

CATHAOIRLEACH

The Chairman is not mentioned, and I think he will be elected by the Committee itself.

Motion put and agreed to.
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