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Seanad Éireann debate -
Thursday, 23 Jul 1942

Vol. 26 No. 22

Customs (Amendment) Bill, 1942—Second and Subsequent Stages.

I move: That the Bill be now read a Second Time. This is a measure intended to strengthen the law governing the prevention of the exportation of goods subject to export prohibition, and, to that end, it extends the powers conferred by the existing Customs Acts. During the present emergency, certain points of importance and difficulty, arising out of the administration of export prohibitions, have manifested themselves, and these are now resolved in the Bill. They relate to certain doubts as to powers of search of the person, and also as to the meaning of various statutory references to the expression "prohibited goods". Provision is also made for dealing with certain offences such as the rescue of goods, the rescue of offenders from official custody, and the obstruction of officers in the exercise of their duties. Some doubt has been expressed as to whether proceedings for recovery of penalties for offences against the Customs Acts generally can, in certain circumstances, be taken by the Attorney-General, and advantage has been taken of the Bill to clarify the position in that respect. That is the whole purpose of the Bill.

This Bill, Sir, to which I suppose we must agree, is a Bill further to strengthen the strongest body in the country, the Revenue Commissioners. We sometimes talk about the growth of a totalitarian State. Even before the emergency, the Revenue Commissioners had astounding power, and the circumstances of the emergency mean that that power must be increased, but it is well that, when we are doing it, we should know what we are doing. We are putting out of the power of judges, and out of the power even of Ministers, the control of the Revenue Commissioners. We can only hope that they will exercise that power rationally.

Question put and agreed to.
Agreed: That the remaining Stages be taken now.
Bill put through Committee and reported without recommendation.
Bill received for final consideration and passed.
Business suspended at 4.50 p.m. and resumed at 6 p.m.
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