Control of Manufactures Bill, 1932— Report Stage.

Mr. Cosgrave

We accept all official amendments down to No. 11.

Mr. Blythe

I think there is hardly time to open discussion on it.

The following amendments were agreed to:—

1. In page 2, Section 1 (1), line 22, to insert after the word "sale" the words "but does not include the packing, bottling or labelling by a retailer of an article intended to be sold retail by him."

3. In page 2, Section 2 (1), paragraph (a), lines 37, 38 and 39, to delete the words "or two or more individuals who is or all of whom are at that time nationals," and to substitute the words "who is at that time a national."

4. In page 2, Section 2 (1), to insert before paragraph (b) a new paragraph as follows:—

(b) such business is at the time such thing is done owned by two or more individuals and more than half the capital invested at that time in such business is beneficially owned by an individuals who is or two or more individuals each of whom is at that time a national of Saorstát Eireann; or

5. In page 2, Section 2 (1) (b), to delete in line 46 the word "all" and to insert in line 47 after the word "time" the words "to an extent exceeding one-half (in nominal value) thereof."

6. In page 2, Section 2 (1) (c), line 49, to delete the words "in existence" and substitute the words "carried on in Saorstát Eireann" and in page 3, line 3, to insert after the word "on" the words "in Saorstát Eireann."

7. In page 3, Section 2 (1), paragraph (d), line 4, to delete the words "in existence" and substitute the words "carried on in Saorstát Eireann" and in line 11 to insert after the word "on" the words "in Saorstát Eireann."

8. In page 4, line 42, Section 4, to insert after the word "thereof" the words "in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence."

10. In page 5, Section 5 (2) (c), line 12, to delete the word "other."— (Minister for Industry and Commerce).

Mr. Blythe

I move amendment 11:

In page 5, at the end of Section 9 (2), to add the words "and the court by which he was convicted has recommended the revocation of his licence."

I should like to know whether the Minister would consider accepting this. The Minister for Industry and Commerce, when he was here, promised to consider the matter and it seems to me that there can be no good argument against it. This section provides that a licence may be withdrawn when a person has been convicted. I see no reason why, having expended money in establishing a business, on the strength of a licence, a man should not have the protection that, at least, he must get a recommendation of the Court. A man might easily be convicted of a very technical offence, and while it is probably true that the Ministry would not take advantage of a technical offence to withdraw a licence, which might mean an enormous penalty, nevertheless, I think that a person should have the protection, not merely of being convicted, but that the Court should recommend the withdrawal of the licence. It would not mean, if a court recommended the withdrawal of a licence, that the Minister need do so. It simply gives double protection for cases in which enormous sums of money might be at stake.

Minister for Posts and Telegraphs (Mr. Connolly)

It is not felt by the Department that a court is any authority or would be any guide in a matter of this nature. It is felt that the only method to deal with it is to leave it to the discretion of the Minister. The Department strongly resists any suggestion that the matter should be a matter for a court and we have to decline to accept this amendment.

Amendment negatived.

The following official amendments were agreed to:—

12. In page 6, Section 10 (2) (d), line 29, to insert before the word "owned" the word "beneficially."

13. In page 6, Section 10 (2) (d), to insert at the end of the paragraph the words "and the amount of the capital invested in such business held by him."

14. In page 7, Section 15, to add at the end of the section a new sub-section as follows:—

(2) This Act shall come into operation on such day as shall be fixed for that purpose by order of the Minister.

The Bill, as amended, received for final consideration.

Question put: "That the Bill do now pass."

The Dáil divided. Tá, 72; Níl, 61.

Tá

Aiken, Frank.
Allen, Denis.
Bartley, Gerald.
Beegan, Patrick.
Blaney, Neal.
Boland, Gerald.
Bourke, Daniel.
Brady, Bryan.
Brady, Seán.
Breathnach, Cormac.
Breen, Daniel.
Briscoe, Robert.
Browne, William Frazer.
Carney, Frank.
Carty, Frank.
Clery, Mícheál.
Colbert, James.
Cooney, Eamonn.
Corish, Richard.
Corry, Martin John.
Crowley, Fred. Hugh.
Kelly, James Patrick.
Kennedy, Michael Joseph.
Keyes, Raphael Patrick.
Kilroy, Michael.
Kissane, Eamonn.
Little, Patrick John.
Lynch, James B.
MacEntee, Seán.
Maguire, Ben.
Maguire, Conor Alexander.
Moane, Edward.
Moore, Séamus.
Moylan, Seán.
Murphy, Patrick Stephen.
Murphy, Timothy Joseph.
Crowley, Tadhg.
Curran, Patrick Joseph.
Davin, William.
Derrig, Thomas.
De Valera, Eamon.
Dowdall, Thomas P.
Everett, James.
Flinn, Hugo V.
Flynn, John.
Flynn, Stephen.
Fogarty, Andrew.
Geoghegan, James.
Gibbons, Seán.
Gormley, Francis.
Gorry, Patrick Joseph.
Goulding, John.
Harris, Thomas.
Hayes, Seán.
Hogan, Patrick (Clare).
Humphreys, Francis.
Jordan, Stephen.
Norton, William.
O'Grady, Seán.
O'Reilly, Matthew.
O'Rourke, Daniel.
Powell, Thomas P.
Rice, Edward.
Ruttledge, Patrick J.
Ryan, Robert.
Sexton, Martin.
Sheehy, Timothy.
Sheridan, Michael.
Smith, Patrick.
Traynor, Oscar.
Walsh, Richard.
Ward, Francis C. (Dr.).

Níl

Alton, Ernest Henry.
Anthony, Richard.
Beckett, James Walter.
Bennett, George Cecil.
Blythe, Ernest.
Bourke, Séamus A.
Brasier, Brooke.
Broderick, William Jos.
Brodrick, Seán.
Burke, Patrick.
Byrne, Alfred.
Byrne, John Joseph.
Coburn, James.
Collins-O'Driscoll, Mrs. Margt.
Cosgrave, William T.
Craig, Sir James.
Davis, Michael.
Desmond, William.
Dockrell, Henry Morgan.
Doherty, Eugene.
Doyle, Peadar Seán.
Duggan, Edmund John.
Esmonde, Osmond Grattan.
Finlay, Thomas A.
Fitzgerald, Desmond.
Fitzgerald-Kenney, James.
Gorey, Denis John.
Hassett, John J.
Hayes, Michael.
Hennessy, Thomas.
Hennigan, John.
Keating, John.
Keogh, Myles.
Lynch, Finian.
MacDermot, Frank.
McDonogh, Fred.
MacEoin, Seán.
McGilligan, Patrick.
McMenamin, Daniel.
Minch, Sydney B.
Mongan, Joseph W.
Morrissey, Daniel.
Mulcahy, Richard.
Murphy, James Edward.
Myles, James Sproule.
Nally, Martin.
O'Connor, Batt.
O'Hanlon, John F.
O'Higgins, Thomas Francis.
O'Mahony, The.
O'Neill, Eamonn.
O'Shaughnessy, John Joseph.
O'Sullivan, Gearóid.
O'Sullivan, John Marcus.
Reidy, James.
Reynolds, Mrs. Mary.
Roddy, Martin.
Shaw, Patrick Walter.
Thrift, William Edward.
White, John.
Wolfe, Jasper Travers.

Tellers:—Tá: Deputies G. Boland an d Allen; Níl: Deputies Duggan and P.S. Doyle.

Question declared carried.

Ordered: That the Bill be sent to the Seanad.

Dáil Éireann díospóireacht -
Tuesday, 12 Jul 1932