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Dáil Éireann díospóireacht -
Thursday, 17 Dec 1931

Vol. 40 No. 24

Merchandise Marks Bill, 1931—From the Seanad (in Committee).

I move: That the Committee agree with Seanad amendments 1 and 2.

1. Section 20, sub-section (1). To delete in lines 52-53 the words "From and after the expiration of six months from the passing of this Act."

2. Section 20, sub-section (5). To insert before the sub-section a new sub-section as follows:—

"(5) The following provisions shall have effect in relation to the coming into force of this section, that is to say—

(a) in this sub-section the expression ‘the appointed day' means the day next following the expiration of six months from the passing of this Act;

(b) subject to the provisions of the next succeeding paragraph of this sub-section this section shall come into force on the appointed day;

(c) the Minister for Industry and Commerce may, at any time after the passing of this Act and before the appointed day, by order made in relation to imported goods of a particular class or description declare that this section shall, so far as it relates to imported goods of that class or description, come into force on such day (not being earlier than the date of such order or less than seven days after such date or later than the appointed day) as may be specified in that behalf in such order, and whenever any such order is made this section shall, in relation to imported goods of the class or description to which such order relates, come into force on the day specified in that behalf in such order;

(d) every order made under this sub-section shall be published in the ‘Iris Oifigiúil' as soon as may be after it is made."

The two amendments will have to be read together, and the new situation is a relatively simple one. Under Section 20 as it stood nothing could be done in relation to that section until an appointed day and that appointed day could not be until six months after the passing of the Act. A certain emergency has come about and it was thought it would be necessary to use this section before the expiration of the six months' period. At any rate, it is considered that it would be useful to have the power to put the section into operation at an earlier date. In consequence we make that change effective, as shown in the first amendment dealing with the provision in regard to the six months. Then amendment No. 2 comes in. The operative portion of it is the latter part, paragraph (c). It gives power on special occasions to use this section at an earlier period than the appointed day, six months after the passing of the Act. It is not intended to make any great use of the section, at least it does not seem at present that there will be occasion to use the section on a great number of matters prior to the six months, but we want to have it in our control to put it into operation at an earlier date if deemed necessary.

At a moment's notice?

There is to be an order issued so that there will have to be a certain amount of notice given. I would ordinarily give a certain notice but it depends upon the suddenness of the emergency I see developing and I might have to use it very soon indeed.

Question put, and agreed to.
Report of Committee agreed to.
Message to be sent to the Seanad accordingly.
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