I move: "That the Standing Orders be suspended for the purpose of enabling the remaining stages of the Wireless Telegraphy Bill, 1926, to be taken to-day, Thursday, 16th December, 1926."
WIRELESS TELEGRAPHY BILL—FINAL STAGES.
I second.
Question put and agreed to.
The Seanad went into Committee.
Sections 1 to 5, inclusive, agreed to.
SECTION 6.
(4) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if both such Houses shall, within twenty-one days on which either such House has sat next after the regulation was laid before such Houses, pass resolutions annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.
Sub-section (4) provides:—"Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if both such Houses shall..." But Section 10 (6) provides: "If either such House shall." Senators will remember that quite early in the life of the Oireachtas we decided to use the words "either of such Houses." I would suggest accordingly that the sub-section should read "if either such House."
Sub-section (4) of Section 6 says "both such Houses."
CATHAOIRLEACH
In sub-section (6) of Section 10 the words are "if either such House."
I have no objection to accepting the amendment if the House thinks it necessary.
Amendment agreed to.
Section 6, as amended, agreed to.
Section 7 ordered to stand part of the Bill.
SECTION 8.
Section 8 gives power to search and to seize wireless apparatus. The apparatus may be very costly and it may be taken away all or in part. If a man who had not satisfied the provisions of the law complies with it will he get back the apparatus? Is there any provision for its return?
CATHAOIRLEACH
There is nothing very new or startling in this section. It is the same in the case of all goods that are imported without paying duty, or that are smuggled. They are confiscated and not given back.
Is seizing and taking away confiscation?
CATHAOIRLEACH
The legal meaning of confiscation is that the goods are forfeited to the State.
As I am not a lawyer I thought that it might be taken away at the discretion of the judge.
CATHAOIRLEACH
It is the same as with smuggled goods or goods imported without paying licence.
Surely if a man, through a lapse, did not take out a licence he should not be deprived of an expensive wireless apparatus?
That is optional with the judge.
CATHAOIRLEACH
It is a matter for the judge, but the Minister is entitled to seize and take away apparatus once his officer gets a warrant. A judge may not give a warrant. A judge has power to give a warrant to an officer of the Department, and under it the apparatus can be seized and carried away. That is the ordinary remedy, except it is suggested that there should be some provision to enable the apparatus to be returned.
I suggest that is largely a matter for the district justice or the judge.
As the section reads I do not think so.
I take it that in cases of this kind seizures will be very rare. It may happen in case of national emergency, but I cannot see the possibility of seizure arising except where a man may finally refuse to take out a licence, when we will have no other alternative. It is necessary to have this power.
I am quite content so with the section as it stands.
Section 8 ordered to stand part of the Bill.
SECTION 9.
(g) regulating and controlling the times and manner of working apparatus for wireless telegraphy in ships registered in Saorstát Eireann and, while they are in the territorial waters of Saorstát Eireann, ships registered outside Saorstát Eireann and unregistered ships and other vessels;
(h) regulating and controlling the times and manner of working apparatus for wireless telegraphy in aircraft owned in Saorstát Eireann and, while they are in or over Saorstát Eireann or the territorial waters thereof, aircraft not so owned.
I would like to ask the Minister to deal with clauses (g) and (h) regulating and controlling the time and manner of working apparatus for wireless telegraphy in ships.
It is clear that somebody in this country must have authority in these matters. The enforcement of that authority is a matter for the Department of Industry and Commerce. There are really two Departments concerned, but at present wireless on ships is the special function of the Department of Industry and Commerce. The application of the law is the particular job of that Department. The control of telegraphy is mine.
(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if both such Houses shall, within twenty-one days on which either such House has sat next after the regulation was laid before such Houses pass resolutions annulling such regulation such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.
I beg to move as an amendment:—
In line 48, sub-section (3), to leave out the word "both" and to insert instead the words "either of."
Amendment agreed to.
I move as a consequential amendment:—
In line 50, sub-section (3), to leave out the word "resolutions" and to insert instead the words "a resolution."
Amendment agreed to.
Section 9, as amended, agreed to and added to the Bill.
Sections 10 to 20, inclusive, were agreed to.
Title agreed to.
Bill ordered to be reported with amendments.
The Seanad went out of Committee.
Bill considered on Report; received for final consideration and passed.
CATHAOIRLEACH
Perhaps it will be for the convenience of the Minister to know that Senator Sir John Keane has been compelled to leave and is not, therefore, going to put his conundrum, of which he gave notice for the adjournment.
I shall be glad at any time to attend here and give any information in my power.
CATHAOIRLEACH
Do not commit yourself absolutely.
I shall commit myself to this extent: I take it that members of this House require explanations from time to time in regard to my Department; it concerns them very closely and I am prepared to come here at any time to answer any questions which they may desire to raise.