On behalf of Senator Quirke, I move amendment No. 1:—
In sub-section (1), page 3, line 45, to insert after the word "person" the words "without the authority of the Minister for Industry and Commerce".
Red Cross Bill, 1938—Committee and Final Stages.
Sections 1 to 4 agreed to.
SECTION 5.
(1) It shall not be lawful for any person to use or display, for the purposes of his trade or business or for any other purpose whatsoever—
(a) any design consisting of a white or silver cross on a red ground, none of the limits of which extends to the margin of the ground, being the cross comprised in the Arms of the Swiss Confederation, or
(b) any design which is a colourable imitation of such first-mentioned design.
This amendment is designed to meet the point raised by Senator Rowlette on the Second Reading. It gives the Minister for Industry and Commerce authority to allow the use of the white cross, if he so desires. At the moment the white cross is marked on certain first-aid boxes in factories, placed there because of regulations made by the Department of Industry and Commerce.
Amendment agreed to.
The following amendment was also agreed to.
In sub-section (1), page 3, line 49, to delete the word "limits" and substitute the word "limbs"—(Senator Goulding on behalf of Senator Quirke).
Section 5, as amended, agreed to.
Sections 6 to 9 agreed to.
Title agreed to.
Bill reported with amendments.
Agreed to take the Report Stage now.
Bill received for final consideration.
Question proposed: "That the Bill do now pass."
I should like to know whether in Section 5, the use of the word "person" covers a corporate body. In Section 7, corporate bodies are specifically referred to and I should like to know whether a corporate body could be held guilty of an unlawful act under Section 5, as it is at present phrased.
The word "person" is used by the Parliamentary Draftsman in all Acts and covers bodies corporate as well as individuals. The reason why bodies corporate are specifically referred to in Section 7 is to ensure that, if a body corporate is held guilty of an offence, some official of the corporation can be held personally responsible.
Question put and agreed to.
Ordered: That a Message be sent to the Dáil accordingly.