There are two amendments down in the name of Senator Colonel Moore.
[Mr. Connolly rose.]
Legitimacy Bill, 1929—Report.
Cathaoirleach
Cathaoirleach
Have you the permission of Senator Colonel Moore to move these amendments?
I have not.
Cathaoirleach
Then I cannot allow you to move them.
I have had no word from him.
Cathaoirleach
Has any Senator authority from Senator Colonel Moore to move these amendments?
I know that he intended to be here but I have had no word from him since then.
Cathaoirleach
In order to move them, you would require to have his permission.
Amendments not moved.
Question—"That the Bill be received for final consideration"—put and agreed to.
Question proposed: "That the Bill do now pass."
In deference to Senator Colonel Moore and out of respect for the amendments which he proposed and for the support which was given to him in Committee by other Senators, it might be desirable for me at this stage, to explain why I could not agree with Senator Colonel Moore's amendments.
Cathaoirleach
They have not been moved at all.
I want to explain that it is not out of disrespect to the Senators who were in favour in Committee of Senator Colonel Moore's amendments that we appear to take advantage of his absence for the purpose of passing the Bill.
Is the Senator in order?
It is the Fifth Stage and I am in order. The Bill confers the right to legitimate a certain class of people. It has nothing at all to do with evidence or with proof of that right. Senator Colonel Moore was, I think, under the misapprehension that the Bill dealt with evidence or proof. It does not. The proof as to whether a person is the child of a certain woman and of her husband is a question which has been settled in the law of Scotland for hundreds of years. The procedure for proving that is well known. It has been statutory for more than a hundred years. In 1831, a statute was passed in Scotland regulating the procedure in this respect. In England, a statute was passed in 1858 regulating the proof of legitimacy. Under that Act, a person who alleged he was the son of a deceased man or of a deceased woman could bring forward such evidence as he had of it, by affidavit or otherwise. Notice of that was sent to the other parties interested—the brothers and sisters. They were "cited," to use a technical term, and if they appeared and consented, the applicant was regarded for the purpose of the particular suit as a legitimate person. The rights of other parties were guarded because no order of legitimation was valid as against any person unless he had been "cited." In case there was a dispute —a genuine dispute—as to the legitimacy of a person, the matter was referred as an issue for trial before a jury. Under this Bill, the legitimated person is exactly in the same position in regard to the proof of his paternity as a person born in wedlock. I merely wish to assure the Seanad that, in getting this Bill through in the absence of Senator Colonel Moore, we are not attempting to do anything that is not in order. I have already explained the position to Senator Colonel Moore.
I desire to express my regret that Senator Colonel Moore is not here to-day. It seems to me that my friend, Senator Comyn, has defended Senator Colonel Moore, but attacked his amendments. I am disappointed that we have not had a contribution to the discussion by those who served on the Special Committee. I read the Report of the Committee and there seemed to be quite a good deal of controversy between some of the members on a few points. Two of these points were dealt with by Colonel Moore's amendment and we would have liked to hear those amendments debated to-day. So far as I can understand, Senator Colonel Moore desired to have the legitimation legally perfected by a declaration on the part of the father. While I have, more or less, an open mind on the matter, I am inclined to agree with that point of view. Senator Hooper and Senator Duffy expressed themselves quite strenuously in favour of it at the Committee and I think there was a good deal to be said for the two amendments in the name of Senator Colonel Moore. I am sorry we did not get more enlightenment from those who served on the Committee.
Question put and agreed to.