Select Committee on Social Affairs debate -
Thursday, 6 Mar 1997

SECTION 50.

Mr. M. Higgins

I move amendment No. 46:

In page 35, between lines 39 and 40, to insert the following subsections:

"(4) A licence shall remain in force for such period as may be specified therein.

(5)(a) A person who holds a licence shall comply with the conditions of the licence.

(b) A person who contravenes paragraph (a) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.".

In the spirit of co-operation, the amendment responds to arguments made on this issue. The Bill is good housekeeping and the amendment allows a time limit to be specified for the validity of an export licence. It makes it obligatory to comply with any conditions of the licence and provides for penalties for non-compliance.

Miss Quill

I agree with the substance of the amendment. Will the time limits be fixed by ministerial order?

Mr. M. Higgins

It will allow a trader to get an open licence in advance for an object — for example, a painting — which could be used if the painting was purchased for export. This means a dealer would not have to wait until an object was bought for export to request a licence. Under the section the Minister may place conditions and restrictions on the licence.

Miss Quill

That was one of my concerns.

Mr. M. Higgins

That is what I have done. I am merely indicating the arguments to which I am responding.

Miss Quill

I support the amendment.

Miss de Valera

Is there any possibility of increasing the penalty by way of an order?

Mr. M. Higgins

I will take advice on the matter. My thinking is the same as that of the Deputy but the legal advice I received indicated that I must maintain a ratio between the levels of offence and those of penalties. However, I am sympathetic to the Deputy's point.

Miss Quill

Is eternity long enough?

Amendment agreed to.

Mr. M. Higgins

I move amendment No. 47:

In page 35, subsection (4), line 41, to delete "under subsection (1)".

This is a drafting amendment.

Amendment agreed to.

Mr. M. Higgins

I move amendment No. 48:

In page 35, subsection (5), line 48, to delete "Act" and substitute "Part".

This is also a drafting amendment.

Amendment agreed to.

Section 50, as amended, agreed to.