Dáil Éireann díospóireacht -
Thursday, 13 Jun 1929

Vol. 30 No. 11

Public Business. - Increase of Rent and Mortgage Interest (Restrictions) Bill, 1929.—Fourth Stage.

An Ceann Comhairle

An amendment has been circulated by the Minister for Justice:—

In page 1, line 29, before Section 2, to insert a new section as follows:—

"Continuance of Act of 1923. 2, Section 2 of the Act of 1926 is hereby repealed and in lieu thereof it is hereby enacted that notwithstanding anything to the contrary contained therein the Act of 1923 shall, subject to the amendments made therein by the Act of 1926, the Act of 1928 and this Act, continue in force until the 24th day of June, 1930, and shall then expire."

Mr. Kerlin

I am glad the Minister did not insist in rushing this Bill through yesterday. I pointed out that I thought there was a possible flaw in it. I did not raise that point with any desire to hold up the Bill. But it appeared to me that there was a serious flaw in the Bill, which would render the measure ineffective.

Minister for Justice (Mr. Fitzgerald-Kenney)

Without this amendment, the Bill would achieve its purpose, because Section 4 of the Act of 1926, which is the section we are amending, runs as follows:—

"The Principal Act shall as from the twenty-fourth day of June, 1926, be construed and have effect as if sub-section (1) of Section 3 thereof were amended as follows, that is to say, by the deletion of the first paragraph of the said sub-section, which paragraph begins with the words: ‘This Act shall' and ends with the words ‘a dwelling-house to which this Act applies,' and the insertion of the following paragraph in lieu of the paragraph so deleted, that is to say:

(1) Subject to the provisions of this section this Act shall in respect of any particular house or part of a house let as a separate dwelling (a) apply to such house or part of a house...."

Therefore, the Act would apply to these houses with the words 24th June, 1930, instead of 24th June, 1928. That section would, I think, be perfectly clear in itself and would carry on the Act. But I agree with Deputy Kerlin that it is much more artistic and correct to have this Section 2 amended also. Possibly, it is not strictly necessary because the particular statement that it actually applied to this class of house would overrule any general section. But I agree with the Deputy that it is entirely advisable that no doubts of any kind should arise in the interpretation of this Act. Therefore, I am accepting the suggestion made by the Deputy yesterday, and I have handed in this amendment, which carries out the suggestion which the Deputy made. I am obliged to the Deputy for pointing out what might be a difficulty.

Mr. Byrne

Are you, A Chinn Comhairle, satisfied that the amendment is in order—that the amendment does not extend the principle of the Bill? I have not had time to consider the amendment, as I only saw it a moment ago. The question is: does this amendment extend the principle of the Bill and, if it does, is it in order?

Mr. Fitzgerald-Kenney

The Bill is a Bill to extend the operation of the Act, and this is an amendment merely extending for the period of a year the operation of the Act. It is doing exactly the same as the proposed amendment in the original Act which is already embodied in the Bill before the House.

An Ceann Comhairle

The amendment is certainly in order. It is merely an amendment to continue in force until the 24th May certain provisions of the Principal Acts.

Amendment put and agreed to.

Question—"That the Bill be received for final consideration"— put and agreed to.

Mr. Fitzgerald-Kenney

I move "That the Bill do now pass."

Question put and agreed to.

Bill ordered to be sent to the Seanad.