I ask the House to allow the Committee Stage of this Bill to stand over for a week. I expected that an amendment would have been put in on behalf of the Government, because the Bill contains a very serious mistake or omission. The Bill purports to repeal certain clauses of the Railway Fires Act of 1905. Up to 1905, no damages could be recovered, except at common law, for fires caused by sparks from a steam engine.
Railway Fires (Amendment) Bill, 1931—Committee.
Question proposed: That consideration of the Title of the Bill be postponed.
Is a Senator at liberty to make a Second Reading speech on Committee Stage?
I merely ask that the Committee Stage be postponed to enable me to put in an amendment.
Mr. McGilligan is the Minister in charge of this Bill. He is not here, but he will be here shortly.
Senator Comyn will have to give his reasons for asking for a postponement.
I proposed to give my reasons, but I was stopped by Senator Sir John Keane. Under the Act of 1905, where damage to a greater amount than £100 was caused, the person injured was at least entitled to sue for £100. Under this Bill, if damage to the extent of £1,000 results from a fire caused by a steam-engine, and the particulars of damage furnished show that it amounts to more than £200, the person injured cannot recover anything. I do not think that that was intended by the promoters of the Bill. For that reason, I want to bring in an amendment to clarify the position and to secure that where property is damaged in this way to an extent exceeding £200, and where that is demonstrated in the particulars which are required to be sent in under the old Act and under this Bill, the applicant shall not be precluded from recovering at least to the extent of £200. I think that would be a reasonable amendment and one which the Seanad ought to consider. If the Minister in charge of the Bill were here, and if this serious defect were pointed out to him, I think he would at once accede to the principle of the amendment. For that reason, I ask the Seanad to allow the Committee Stage of this Bill to stand over for a week.
Cannot an amendment be moved by the Senator on Report Stage?
Cathaoirleach
Perhaps it would be better to wait until the Minister attends.
I do not think this is a matter for the Minister, unless he wishes to reply to the case made.
Cathaoirleach
There is probably a good reply to the case made.
I believe there is, but inasmuch as this question has been raised, it is important that the Senator should be given every opportunity of putting forward an amendment. This is in the nature of a warning regarding the risks we run in having the Committee Stage of a Bill taken on the day following that on which the Second Stage was taken.
Cathaoirleach
If the House is agreeable, we will postpone the Committee Stage of this Bill until the Minister is present.
Agreed.