There were two amendments to this Bill suggested in Committee, I understand, and the President undertook to consider them. No decision was arrived at by the Committee, and they were allowed to stand over for report. They are the two amendments now on the paper.
PRIVATE BUSINESS. - ADAPTATION OF CHARTERS BILL, 1925—REPORT.
CATHAOIRLEACH
I think this amendment was not the amendment mentioned before the Select Committee.
CATHAOIRLEACH
That is right; this is a new amendment.
I move:—
Section 2, sub-section (2). To add after the sub-section a new sub-section as follows:—
"(3) This section shall not apply to any university established by Royal Charter or any Body Corporate similarly established for the regulation of the admission, qualification and conduct of members of any profession or business."
This particular amendment was put down merely for the purpose of calling the President's attention to the fact that Section 9 of the Ministers and Secretaries Act excepted certain chartered bodies which performed certain public duties, which might have been construed as public administration. I do not know who introduced this proviso into the Ministers and Secretaries Act. I do not think any lawyer could ever have come to the conclusion that that section would apply to a university or to the College of Surgeons or the College of Physicians or the Incorporated Law Society. From the fact of its introduction into the Ministers and Secretaries Act there is a doubt as to whether they ought not be included in Section 7 of the Adaptation of Enactments Act. Personally, I am of opinion that in either case it could not be considered they were within the section. I put this amendment down in order to protect universities and other bodies from the possibility being held to be within Section 7 of the other Act.
Section 7 of the Adaptation of Enactments Act was never intended to cover such a body as a university or a corporation, and the courts would not hold that it was.
I agree.
There is a danger that if this amendment were put into this Bill there would be doubt about its being held that Section 7 did not cover Universities, and having regard to that fact I think it better that this amendment should not be pressed. I think it being plain that Section 7 of the Adaptation of Enactments Act was not intended to cover, and did not cover universities, it would not be necessary to include that amendment now.
I am quite satisfied this section could not apply. I put down this amendment only to call attention to the fact.
Amendment, by leave, withdrawn.
I beg to move:
New Section.—After Section 3 to insert a new section as follows:
"4.—Sections 2 and 3 of this Act shall not apply to any board or body which exercises any function of government or discharges any public duties in relation to public administration as merely ancillary to the main objects for which such board or body was constituted either by Statute or by Charter or partly by Statute and partly by Charter."
We went into the reasons for this very fully before the Select Committee and I do not think it is worth while troubling the Seanad with them again. They arose because of Sections 2 and 3 which refer to the Adaptation of Enactments Act, 1922, and to the Ministers and Secretaries Act, 1924. When we examined these Acts we found out that they gave power to deal with chartered and statutory bodies that were exercising governmental functions to such an extent that they might enable the Government to appoint Commissioners to manage them and to interfere with the internal affairs of the bodies concerned. I was interested, mainly, in the position of the banks that might come in under that section, because a bank does undertake Governmental work. It collects moneys for the Government and does a whole lot of Governmental work. The whole object of the amendment was to make it perfectly clear that taking up this sort of work for the Government did not render them liable to these sections of the Acts which would give such power to the Government when they came to consider the charters or statutes under which they acted. At that time the President said he would look into the matter and would let me know whether an amendment was required. He sent for me next day and we discussed the matter and he gave it as his opinion, backed by that of his legal advisers, that banks could not lawfully be brought in under any of these sections. I put down this amendment to enable that statement to be made in the House because we consider it right that it should go before the public that that was the opinion of the Government as to the application of the Bill. The President satisfied me and I think he will make a statement now that will clear up the matter and enable me to withdraw the amendment.
Neither Section 7 of the Adaptation of Enactments Act, 1922, nor Section 9 of the Ministers and Secretaries Act, 1924, could possibly be held to have any application to the Bank of Ireland even as these sections of these Acts are applied by the present Bill. The Bank of Ireland does not exercise any function of government except in so far as it is an institution in whose custody Government moneys are for the time being held for the Government. It would not be arguable to suggest that the Bank of Ireland comes within any of these Acts, having regard to the scope and intent of any of them. The Bank of Ireland, in so far as it discharges any Governmental business, merely acts as an agent of the Government. It would be within the competence of the Bank of Ireland, if it so desired, to terminate that understanding at any time they desire. I hardly think they will inform the Government that they do not wish any longer to entertain their accounts. That is not very likely, but it is no more unlikely than to say that it is intended to bring them within the scope of this Bill.
Amendment, by leave, withdrawn.
The Fourth Stage was concluded.