The only point I wish to make is one of clarification on a matter raised by Senator Alexis FitzGerald on Committee Stage. The point raised related to section 5 of the Bill in relation to the Companies Act, 1963, and the priority of payment of contributions under the Social Welfare Acts in the winding-up of companies has been examined. The parliamentary draftsman has been consulted in the matter and has confirmed that the provisions of section 285 of the Companies Act, 1963, would apply to pay-related contributions under section 5 of this Bill as drafted and that no amendment is necessary. Senator Alexis FitzGerald expressed some concern as to whether this summarily superseded those provisions but I am assured, after asking for an examination of the matter, that that is not the case. The same provisions apply in this Bill.
Social Welfare (Pay-Related Benefit) Bill, 1972: Report and Final Stages.
I do not know what the procedure is in relation to this matter. I said that this should not take more than two minutes on the next sitting and I do not propose to exceed that time. I raised this point on section 5, which purported to amend section 58, subsections (1) and (2), of the 1952 Act and expressed the view that the effect of section 285 (3) (c) of the Companies Act was to repeal, by implication, subsections (1) and (2) of that section and the amendment of section 58 by section 5 would be to purport to amend something which had already disappeared. I am quite satisfied that the Minister has taken advice on the point and is satisfied that the full priority which is given to other contributions will adhere to the contribution in relation to the pay-related benefit.
Mr. J. Brennan
The Senator will appreciate that I had the matter examined in the light of the need, or otherwise, for having an amendment. I have been assured it is not necessary.