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Seanad Éireann debate -
Wednesday, 11 Mar 1953

Vol. 41 No. 7

Insurance Bill, 1952—Committee Stage.

Sections 1 to 3 agreed to.
Question proposed: "That Section 4 stand part of the Bill."

I want to say this, that there are certain circumstances under which I would oppose the adoption of Section 4 of the present Bill. I am, however, in an unfortunate position in that the circumstances in which I would oppose the section would be if the Minister indicated that he was not prepared to give consideration to the requests made by various Senators on the Second Reading. These requests sought to give facilities to Irish associations formed on a mutual basis for conducting mechanically-propelled vehicle insurance. The point I want to make is that there is something very anomalous and farfetched about the idea of the Irish Parliament solemnly legislating to enable the Minister to invite English or foreign companies in here to transact that business, and at the same time, to refuse to grant similar concessions within a limited way to Irish associations.

I feel there is something very anomalous about it. If the two went hand-in-hand and the Minister was to give definite assurance that that anomaly would be cleared up, I would not have any objection to Section 4, but otherwise I would oppose this section. I may mention that I am in some difficulty, because amendments in my name are not before the House and it has been indicated to me that the Chair proposes to rule them out of order. If they are, in fact, ruled out of order, I want to be taken as objecting to the adoption of the section.

I would like to say in that regard that there is nothing whatever in the section which justifies the statement that it authorises the Minister to invite foreign companies in. It states that notwithstanding anything contained in the 1936 Act the Minister shall not be precluded from granting an application by a foreign company for an assurance licence to carry on fire, accident or mechanically-propelled vehicle insurance business when he is satisfied that doing so will facilitate the granting of reciprocal advantages to an Irish company under the law in which the foreign company is incorporated. I cannot see any logical connection between that proposal and the question whether it is desirable to allow a foreign company to undertake any form of insurance in this country without having capital resources and the other assets which the Insurance Act of 1936 requires.

Question agreed to.

Question proposed: "That Section 5 stand part of the Bill."

An Leas-Chathaoirleach

Senator O'Higgins has been notified that his amendment has been ruled out of order by the Chair.

It may be due to an oversight, but I heard only this afternoon that it was proposed to rule the amendment out of order, and I ask that I be allowed to put as a point of order to the Chair that in accordance with Standing Orders the amendment should be allowed to stand. The position is that the Bill has been introduced by the Minister with a twofold purpose. The purpose as set out in Section 2 relates to export guarantees.

There is a completely different purpose set out in Section 4 of the Bill. This is an amendment of the Insurance Act of 1936 and, if I may, I will very briefly refer to the fact that when the Minister was dealing with this Bill in the Dáil on the 13th February (Dáil Debates, column 1016) he introduced Section 4 of the Bill by saying that "the remaining part of this Bill deals with another matter altogether." In other words, he clearly differentiated between what is in Section 4 and what is in the other parts of the Bill. In Section 2 of the Bill he also made that quite clear to the Seanad. The point I want to make is that the amendment standing in my name is, I respectfully submit to the Chair, clearly related to the amendment of the 1936 Act.

An Leas-Chathaoirleach

I do not think that I can allow the Senator to proceed further; the Chair has ruled on these matters and the ruling of the Chair must stand.

I do not question the fact that the Chair is the sole judge of order, but I want to make the point that I disagree with the ruling for the reasons I have given.

There is another time and place where Senator O'Higgins can make the points he is raising now.

Section 5 put and agreed to.
Question—"That the Title be the Title to the Bill"—put and agreed to.
Bill reported without amendment.

An Leas-Chathaoirleach

When is it proposed to take the Report Stage?

I object to taking the Report Stage now, because I feel that Senators should be given an opportunity of looking into these matters again to see if it is possible to put in amendments within the rules of order.

An Leas-Chathaoirleach

When will we take the next stage?

Next week.

I suggest that the Report Stage be taken on the next sitting day, but not to-morrow.

Ordered: That the Report Stage be taken on next sitting day, but not to-morrow.
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