In line 42 there is a literal error: "these Governments" should read "those Governments."
Motion made and question put: "That Sub-section 1 of Clause 14 stand part of the Bill."
Agreed.
ADAPTATION OF BRITISH ENACTMENTS BILL. - ADAPTATION OF PENDING GOVERNMENT CONTRACTS.
"Every deed and every contract and agreement in writing made before the 6th day of December, 1922, with or by any person by or with any Minister, Department or Authority of the late British Government in Ireland or the late Provisional Government of Ireland, or by or with any Official of either of these Governments acting on behalf of such Government, shall, if and so far as the terms and provisions of such deed, contract or agreement were not fully executed and completed on the 6th day of December, 1922, be construed and read as if the name of the Minister, Department, Authority or Official exercising in Saorstát Eireann functions the same as or corresponding to the functions exercised at the date of such deed, contract or agreement in respect of the area now comprised in Saorstát Eireann by the Minister, Department, Authority or Official named in such deed, contract or agreement was substituted in such deed, contract or agreement for the name of the Minister, Department, Authority or Official actually named therein."
I move Sub-section 2:—
"The benefits conferred and the obligations imposed by any such deed, contract or agreement as is mentioned in the preceding Sub-section of this Section on the Minister, Department, Authority or Official named therein shall, so far as the same on the 6th day of December, 1922, remained to be performed, be as from that day respectively vested in or imposed on the Minister, Department, Authority or Official whose name is by the preceding sub-section of this section substituted in such deed, contract or agreement for the name of the Minister, Department, Authority, or Official actually named therein as fully as if such substituted Minister, Department, Authority of Official were actually named in such deed, contract or agreement."
I would just draw the attention of the Minister to what perhaps is an omission, to ask whether Sub-section 2, Clause 11, ought not to be added to this or something approximating to it, i.e., to give the President of the Council the right to define the office of the various officials and Ministers and authorities.
I think that Section 2 of Clause 11 does in itself in the present place meet the difficulty that the Deputy mentions.
Sub-section 2 of Clause 11 only refers to Acts of the British Parliament, that is to say, the British Statutes. We are now dealing with works, deeds and contracts. That is what makes me think there ought to be a similar clause giving power to the President of the Council to decide.
We accept that.
Sub-section 2 of Clause 11 refers to the British Government and the Saorstát Government. It is rather the Provisional Government and the Saorstát Government, is it not?
It will have to be modified. I will accept that.
I will move that the wording of Sub-section 2 be tacked on.
It needs to be modified, because it refers to the British Government.
Perhaps it will come on at the next stage. I suppose we will hardly finish all stages to-night. I will leave it to the Minister.
Have you put in, "or of the late Provisional Government"? That would suit.
In Sub-section 2 of Clause 11 to put in "or the late Provisional Government" so as to make it govern this particular clause?
Yes. I move Clause 15, Sub-sections 1 and 2:—