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Dáil Éireann díospóireacht -
Wednesday, 29 Nov 1933

Vol. 50 No. 4

In Committee On Finance—Money Resolution - Finance (Customs and Excise Duties) Bill, 1933—Second Stage.

I move the Second Reading of this Bill. It is necessary in order to confirm Financial Resolutions Nos. 1 to 8, which were recently reported to the Dáil. Advantage has been taken of the opportunity afforded by the introduction of the Bill to make certain minor changes in the administration of the Customs laws which experience has shown to be desirable. I presume that the main discussion on the Bill will take place on Committee Stage and that it will suffice now if I briefly indicate the purport of each section of the measure.

Sections 1, 2, 3 and 5 confirm Financial Resolutions 1, 2, 6 and 5 which, respectively, imposed duties on rose bushes, grass seeds, women's clothing and certain classes of bottles. With regard to women's clothing and bottles, it should be emphasised that no additional tariffs are being imposed by this Bill. The duties included in this measure were previously in operation under Emergency Orders. The Emergency Orders in question were revoked, with effect as from 24th November, the date upon which the duties became chargeable by virtue of the resolution passed by the House. Section 4 of the Bill covers the First Schedule and confirms Financial Resolution No. 3, which imposed or altered duties on a variety of articles, such as bicycle hubs, under-axles, belts and belting, liquid driers and lamp shades. Section 6 covers the Second Schedule, with the exception of Reference Nos. 3, 5, 6a and 6c, the provisions of which I shall explain later. The Schedule, generally, is in confirmation of Financial Resolution No. 4. This resolution related to duties on a variety of articles amongst which may be mentioned rubber boots, clothing and picture frames——

What class of clothing?

Overcoats and suits made wholly or mainly from woven tissues wholly or partly of wool or worsted and suitable for wear by men, coats, waistcoats and trousers of similar material and bathing costumes.

Is hosiery included in this list?

Yes, under item "j"—hose and half hose, knitted underwear, knitted cardigans, pull-overs, jerseys and similar articles. That was the anti-dumping resolution.

There was more than that in it. There are children's cotton socks to be considered.

So far as hosiery is concerned the resolution was anti-dumping.

I am watching out for these children's cotton socks.

Reference No. 3 of the Second Schedule provides for the amendment of Section 12 of the Finance Act, 1932. Under this section, there is general power to issue licences for free importation of dutiable goods where such goods are essential to a process of manufacture and are unobtainable and unlikely to be obtainable in Saorstát Eireann. Experience has shown that the expression "process of manufacture" is too rigid in its application and involves inequalities amongst industrial concerns. It is, therefore, proposed under this reference to provide power to construe the expression "process of manufacture" as including any industrial process and also any industrial operation, whether of the nature of construction, assemblage, repairing or other similar nature.

Reference No. 5 of the Second Schedule provides for the substitution of a wider licensing provision in regard to a number of dutiable articles in respect of which a restricted licensing power already exists. It also provides for a licensing power for certain cast-iron articles for which no licence can at present be granted. In these cases it has also been represented that experience has shown that the existing licensing power is too rigid, that its limited nature has caused hardship and has involved some manufacturers in outlay which it was not anticipated they would have to bear when the duties were first imposed.

Reference 6 (a) of the Second Schedule, which relates to a duty on picture frames, in fact, makes no change in the existing position. It is a verbal change which the Revenue Commissioners suggested for the sake of clarity and to remove any doubts. Reference 6 (c) provides for the insertion of a licensing clause in respect of certain articles made wholly or mainly of brass, bronze or gun-metal. Sections 7 and 8 confirm Financial Resolutions, Section 7 in regard to taxation on motor vehicles and certain minor matters which were recently agreed to by the Dáil. I may say in connection with Section 7 that there will be a minor amendment proposed on the Committee Stage to paragraph (f) where it will be proposed to omit the words "and is not used as a public service vehicle within the meaning of the Road Traffic Act, 1933 (No. 11 of 1933)." No. 8 is the one which proposes to make it clear, where a mechanically-propelled vehicle is licensed on the ground that it would be used for one purpose, and is thereafter used for another purpose in respect of which a higher duty would be payable, that that vehicle will be properly chargeable with the higher duty.

Section 9 brings the law as regards drawbacks and reimportation, in the case of woven tissues, into the same state as it is in regard to other dutiable goods. Section 10 clears up a point of doubt which has arisen in regard to the computation of value. Sections 11, 12 and 13 are self-explanatory and are characteristic of Finance Acts generally.

On this Bill more than one point arises. I think now is the time to raise the general question as to whether it is consistent with good governmental practice that the Emergency Duties Act, which was got from the Oireachtas on the representation that it was necessary to meet day to day emergencies, should be habitually used as an ordinary instrument of change in fiscal duties. It is now becoming the practice, whenever the Minister for Industry and Commerce imposes a duty, to impose it under the Emergency Duties Act and then to come to the Dáil and get some kind of confirmatory Act passed. The Emergency Duties Act was to provide for such emergencies as might arise from day to day, and the House was clearly left under the impression that if the British Government put on some penal tariff the Saorstát Government must have a weapon in their hands with which to retaliate with a similar tariff, if the Oireachtas were not sitting when the penal tariff was put on.

I remember from that bench opposite saying that this was a very grave incursion on the rights of Parliament and a very dangerous departure. The President thumped the table and said it was a vote of confidence in Fianna Fáil, and that anyone who would suggest that a Government of which he was the head would attempt to infringe upon the prerogatives of Parliament, as a result of having got these powers in a peculiar emergency, deserved to perish with such words upon his lips. Of course, the Minister for Industry and Commerce does not take so rigid a view, and it has now become the regular practice, if you want a duty, to impose it under this Act, although it has no relation, good, bad or indifferent, to the international complications in which the Government are involved. Nobody, of course, in the Fianna Fáil Party knows or cares how the tariffs are being put on. Still, while there are some vestiges of Parliamentary Government left undisturbed in this country, I think it is well to make a passing protest at the dictatorial powers the Minister for Industry and Commerce has taken to himself.

You will be getting expelled from the Party opposite.

Do you think so? I will not be expelled from the Party before the Minister is expelled from the bench upon which he is now sitting.

Then you will have to expel the rest of the Party.

We will hang together in any case until we dismiss the Minister.

Is not the Minister going to expel England from the Commonwealth?

That is not all the Minister for Industry and Commerce is going to do; there are lots of things he is going to do. I can only hope that we will discharge the very necessary function of expelling him from where he is now before we start expelling one another. I make that passing protest because I am perfectly satisfied the members of the Fianna Fáil Party do not know and do not care how these things are being done. It is well to bring it before their attention so that later on they may be the judges of their own measure of responsibility for the situation they are helping to create. Am I right in saying that this Bill imposes on hosiery and second-hand clothes the same duties as were mentioned by the Minister in the House when he introduced the original proposal?

This Bill does not impose any duties. This Bill is to confirm orders already made, resolutions already passed.

I am still of that oldfashioned type of mind that I like to think the Oireachtas takes a hand sometimes in legislation.

The duties were imposed by the Oireachtas by way of resolution.

I quite know that in most cases the Minister prefers to do these little trifles himself and rather resents interference from the Oireachtas.

I have been reading General O'Duffy's speeches.

I am glad the Minister is so attentive and careful. As I said to one of his colleagues, we can address speeches to the Minister, but we cannot provide the Minister with brains to understand them.

That is quite understandable.

We would be glad, if the Minister wants a little more explanation, if he is suffering under any delusions or misapprehensions, to give him an hour any time he calls around and we will try to explain things better. We would even consider an application from the Minister for admission to our Party.

No doubt you would.

Apparently he is an energetic and enthusiastic young man and, under prudent guidance, he can do very useful work in this House. I take it the measure of duty imposed on hosiery remains the same. I think it right to point out here, as I did on another occasion to the members of the Labour Party, that the duties imposed here on hosiery are going to be borne exclusively by the poor. They are going to result in a material increase in the price of essential commodities to the poor. In my opinion, with a considerable experience of the hosiery trade, they are going to do Irish factories very little good; the people who will have to forego the cheap cotton hose and underwear for which this tariff is prohibitive will simply have to do without these things altogether, because they will not be able to afford what the Irish factories will be in a position to produce, albeit that the quality of the Irish product is admittedly superior.

In that connection I think it right to say that this is a very useful instance of the effect that this unrestricted and improvident system of imposing tariffs is having on the cost of living of the people of the country. Dr. Ryan, speaking a couple of weeks ago commiserated with the working farmers of the country and he said: "On your behalf I have no hesitation in asking the people of the cities to pay a halfpenny or three farthings per lb. more for their sugar when you have to pay 100 per cent. more for everything than you had to pay before the war." That is Dr. Ryan's opinion of the effect of his colleagues' policy and his colleagues will remember his speech. Dr. Ryan's reaction to that is not to go to his colleagues and say: "stop piling it up," his reaction to it is: "I warn you that for every shilling your put on the farmers' backs I will plant 2/- on the backs of the townsmen" and we go on piling up and spending the proceeds as if it were great fun.

The Minister for Finance in dealing with this matter referred to Sections 9 or 10 which increases the powers for licensing. That is to say it increases the powers of the Minister for Industry and Commerce to admit under licence duty free, certain commodities that would otherwise be dutiable. Far from desiring to extend his powers in that matter I think these powers ought to be taken away from him altogether. When I use the words "Minister for Industry and Commerce," the Minister recognises that I speak of him as a body corporate. I do not think that he or any other Minister for Industry and Commerce should have such powers because inevitably political pressure will be brought to bear which he might be able to withstand but which some successor might not be able to withstand.

In this connection I draw the attention of the House to a case I have already brought under their notice. That was the case of a flour importer in Donegal. That gentleman under a provision very similar to the licensing provisions in this Bill got permission to import flour, nominally in order to make it possible for him to carry on a baking enterprise in which he was interested. His permit, if my memory serves me right, was for 500 tons of bakers' flour. But in fact he brought in 250 tons of bakers' flour and 250 tons of household flour of a well-known brand. The result of that operation was that he was in a position to go into competition with his competitors in trade and offer household flour at from 3/- to 4/- a sack less than the figure at which they were able to buy it. Whenever he thought it expedient to do so he did that. Not once but on three or four occasions I asked to have that case investigated and I inquired what penalties the Minister proposed to impose on a person who got a permit from him by fraud or misrepresentation. I do not think I ever got satisfaction from the Minister in that matter. The Minister is familiar with the case to which I refer.

I consider that this system of empowering the Minister to waive duties imposed by the authority of the Oireachtas is wrong. If a commodity cannot bear a duty without doing substantial injustice to a considerable number of people who use that commodity, then the duty should not be imposed. If a greater good is served by imposing the duty then the duty should be imposed and everybody should have to pay. If however the Minister is resolved to have powers of this kind, then these powers ought to be vested in some body analogous to the Revenue Commissioners, a body who would be autonomous and independent of pressure from this House or from politicians no matter to what Party they belonged. Such powers ought not to be exercised by a Minister who is dealing in the rough and tumble of political Party life. The remainder of the Bill deals principally with minor amendments of the existing duty which are apparently of no very vital importance. This Bill I think purports to confirm the duty on grass seeds. Does it not?

In that connection I think it well to point out to the responsible Minister that there are firms in England who have made a speciality of putting up such combinations of grass seeds as are recommended by the Department of Agriculture for laying down meadows or pasture lands. Whether there are seedsmen in this country who will prepare an equally satisfactory combination of seed, I would not be quite prepared to say. But I think that is a matter that is deserving of looking into. The Minister might consider the desirability of exempting from the tariff rye-grass mixtures of seed which have only as a component part one variety or another of rye-grass. That could be done in the body of the Bill by specifically excluding rye-grass when it was combined say, with wild white clover, because nobody would combine so expensive a seed as wild white clover, except in such circumstances as I have indicated where the person would be buying under the recommendations of the Department of Agriculture.

With the principle raised by the last speaker I do not find so much fault as with the use of the principle. As a protectionist I do believe that in the building up of industries in this country the Minister for Industry and Commerce or the Minister for Finance or whoever he may be should be able to mobilise his forces according to circumstances. When the Government has a protectionist policy, when this House in broad principle supports that policy and when the country, broadly speaking, supports it, the Minister should be able to mobilise his forces. Many industries could not wait, or circumstances might arise which would render it impossible for them to wait for the slow process of legislation to come to their aid. I rather think, however, that the Minister has made, I would not say a reckless use of those powers, but I would say that he has used them as if they were the ordinary procedure of dealing with a protected industry rather than looking upon them as exceptional powers that he would be driven to use only in exceptional circumstances. I think the Minister should come to the House for power to impose tariffs otherwise by a supplementary Budget; that he should come to the House as often or on every occasion that would be at all feasible lest some industry would suffer by the delay. That, however, is a matter of detail as regards the carrying out of the powers given to the Minister rather than a criticism of the principle conferring those powers.

I am sorry I did not hear the Minister's introductory remarks on Sections 1 and 2. I would be interested to hear the reasons which actuated the Government to impose a tariff of 6d. a bush on rose bushes. I am as strongly in favour of protecting our horticultural and agricultural industries as any member of the House. The Government may have exceptional reasons for doing this that are not known to ordinary Deputies. I have been told that the Minister for Finance, in his introductory speech, did not deal with these two sections at all, so that when the Minister is replying I would be glad to hear some reasons advanced for this tariff. I do not want to say that the horticultural industry is in a backward state in this country, because if I did such a statement might offend some people, but it certainly is not as advanced as in other countries. It is an industry that may be improved by the importation of good specimens of horticultural products. Therefore, I do not think that these bushes should be tariffed. After all, those who want to have the best and the newest in rose trees should not be obliged to pay a tariff on them. A tariff of 6d. a bush is very high. By the time a bush reaches a purchaser, having gone through the various retail processes, it may cost him 9d. or 1/-. I think the Minister ought to reconsider that tariff. If he is able to advance good reasons for it I would not be opposed to it, but I am anxious to know the reasons. Neither can I understand why a tariff of 2/- per cwt. is being put on all descriptions of imported grass seeds. That is an extraordinary imposition. I would like to know where first-class grass seed is produced in the Free State. I hope the Government do not look on this as a new way of increasing tillage. I hope, too, they do not think that if they deprive a man of getting good grass seed to lay down in broken ground that he will continue tilling it rather than put in weedy stuff. I can safely say without fear of contradiction that a first-class mixture cannot be produced for one, two or three years lea, or for permanent pasture from grass seeds and clovers produced here. I would be glad if the Minister would reconsider that section. I have no comment to offer on the other sections, but speaking generally I think the Department of Industry and Commerce should regard the exercise of the powers given under these Emergency Acts for imposing tariffs as the exception rather than the rule.

I want to see whether, even at the last moment, I can impress the Minister with the honesty of the demand that has been voiced in various quarters in this country in favour of a reconsideration of this proposal dealing with secondhand clothing. The House will remember that, on the last occasion when the Financial Resolutions were under consideration, the Minister indicated that he had information that the people engaged in the pawnbroking business in this country could supply the whole of the demand for that trade here. I have gone into the matter since. I have got a good deal of information from people closely concerned in this trade, and as a result I am afraid that the information supplied to the Minister is not quite correct: that the supplies available would fall very far short of meeting the requirements of the trade. I want to say again that there is in the country a very strong demand for fair play for the people for whom this type of clothing is a necessity as well as for the people who are endeavouring to live honestly out of the trade. I appreciate fully the Minister's difficulties: that there has been a considerable number of cases of unfair evasion of the duties previously imposed.

I admit that on a previous occasion, when representations were made in this House on the same subject, the Minister showed a desire to meet the situation fully. I would ask him not to be discouraged by the fact that certain people have not met him in the spirit that he was prepared himself to meet the representations made previously, and, in fact, did meet them. While I realise the difficulty of making a suggestion that would have the effect of bringing about an arrangement that would be fair to the State and to the people engaged in this industry, I do think the Minister might consider, having regard to the fact that there are a number of honest people in the trade, people whom the officers of his own Department and those in the Department of the Revenue Commissioners are satisfied are playing the game fairly and squarely in the matter of the duties imposed, whether it would not be possible to make an arrangement to centralise the whole of this trade with some representatives of the people engaged in the trade, so that the whole trade should pass through their hands. I do not know whether that suggestion is feasible or not: whether it would not be possible to pick out a few persons whose record in this connection is known to be unimpeachable, and whether the Minister could not arrange that the trade would pass through their hands on satisfying himself that there would be no attempt at evasion of the duties, and that the State would not suffer in consequence. I want the Minister to remember all the time that, apart from the people who are getting their living out of this industry, there is throughout the country, no matter what may be said to the contrary, a very strong demand for this type of clothing. It is a fact, and it cannot be stressed too often, that there are a great many people in this country now as in the past who would find it impossible to clothe themselves with any semblance of decency were it not for the fact that they can get secondhand clothes at a price they can afford to pay. My suggestion may present difficulties that the Minister may be unable to overcome. If that is so, I realise that it cannot be pressed. In that event I suggest to the Minister that he might endeavour to arrange for some substantial remission of the duties now contemplated. It is, I think, clear that he will not be able to revert back to the old position, but I do suggest that as between the duties previously agreed upon and the duties now suggested, he might fix some figure that will make it possible for this trade to be continued. I may mention, in that connection, that I am informed that the duties now proposed to be put in force will put a good many people out of business. There are a good many people in that kind of business—women particularly—who have to support either an invalid husband or an unemployed husband, and other people who are using this kind of trade as a sort of auxiliary to some other small business, who want to live honestly and to pay every penny that the State deems right and proper that they should pay, who will be put out of business as a result of these duties. While I cannot offer any alternative suggestion to the one I have offered to the Minister as to how these difficulties should be met, I would ask the Minister whether or not it is possible to see about the centralisation of the whole trade. I would ask the Minister to consider the whole question and bring to the House proposals that would reduce substantially the duties now contemplated in this Bill.

Does the Minister intend that the duty should extend to rye grass seed?

Grass seeds of all descriptions.

Well, grass seeds, as a local term, is only applied in our part of the country to rye grass seed. While I know that this House is committed very definitely to a course of protection, I should like the Minister for Agriculture to review this. It is our experience that after sowing the home-grown seed for a couple of years running it does not give sufficient yield after that. There is not so much saving of the rye grass seed in the Southern counties as we have in the Northern counties, and we find that if you continue sowing for a certain number of years you will not have the same yield. I should like to know from the Minister whether or not there would be any way of keeping the seed renewed. The practice with a good many of us is that we buy for a certain portion of the year a small quantity of pure Scotch or Italian seed and from that seed we sow the land for a number of years. We find that it is a better system and that if we follow on beyond that there is a loss of yield and not the same strength in the permanent pasture. I can tell the Minister that from my own experience, and I should be glad if he would examine the position from that point of view and see if we could have a renewal of our stock. On the present computation it would mean about 6d. a bushel and, I suppose, for retailing it would amount to 9d.

I am sorry that Deputy Dillon, having spoken, left the House, because I wanted to give him a few words of advice. I think that somebody should tell him that if he wants to carry any weight in the political life of this country he should count ten before he rises to make a speech. As Deputy Dillon is not here I can only advise his colleagues, in his and in their own interests, to count up to at least ten thousand before allowing him to make a speech, because every time he speaks he reveals enormous gaps in the policy of his Party. The Party which the Deputy has joined recently set out their policy in a number of paragraphs. In that statement they told us what they stood for and I thought that, at long last, we had been given a final declaration on their policy. I had been advising them, in previous debates, to tell us what they stood for. Up to the formation of the new Party we had one member announcing one policy and another announcing another policy, and we had all the members of the back benches of that Party advocating any policy that came into their minds. Apparently, during the Recess, they came to an agreement as to some policy, but if Deputy Dillon's speech is an indication of the position it is an indication that disunity has arisen again.

Deputy Dillon talked of general considerations and I think that I am properly in order in dealing with general considerations. General considerations are what we should deal with on the Second Reading of a Bill. I am only dealing with the general considerations raised in the course of the discussion. Deputy Dillon, apparently, must not read the United Irishman. It is quite clear that if he does read it he has not learned anything from it. Week after week and month after month that paper has been preaching the futility of parliamentary institutions, the glory of the Fascist State and the great advantage it would be to this country if we copied the German or Italian Fascists.

Will the Minister quote?

So recently as the issue of last week there is in that paper a review of a book dealing with the glories of the Fascist system.

A review of a book is not a statement of policy.

Anything in the nature of an agreed statement of policy on the part of the Party opposite is too much to expect; but we were given to understand that the policy of the new Party was to reform the Constitution. They did not state the nature of the reform, but the references to Fascism gave an indication. Now we have Deputy Dillon saying that he is going to resist to the last any incursion on the rights of the Oireachtas, that anything that encroaches on the rights of this Parliament—and, of course, anything that might curtail his right to make speeches—is to be resisted with all the new-found enthusiasm and vigour of the Deputies opposite. I should be very sorry to see Deputy Dillon expelled from his Party so soon after his entry into it, or to see the Deputy expelling the Party, but either must eventuate if the Deputy is going to repudiate in this manner everything that the Great White Chief has been saying.

Is the Minister referring to South Down now?

Deputy Dillon said that it is not consistent with the right of Parliament that the Emergency (Imposition of Duties) Act should be used for the purpose of imposing duties unless they arise out of the economic dispute with great Britain. He even used the word "dictatorship" as a term of abuse for the Government in that connection. Again, I suggest that the Party opposite should make Deputy Dillon think before he gets up to make a speech, because the fact is that an Emergency (Imposition of Duties) Act was in operation here before Fianna Fáil took office. In 1929 Mr. Blythe, who now parades in a blue shirt, denouncing Parliament and asking for a dictatorship, was beginning to develop in that direction. He introduced an Emergency Imposition of Duties Act long before there was any dispute with Britain. It is necessary in a country of this size in order to secure power to act promptly in connection with the importation of articles where such importation is likely to have serious consequences. There are many articles of which one large sized ship could bring in enough to supply our needs for years. Irish firms making such an article, in such circumstances, would have to be shut down if such importations took place. Because of that fact—the effect of importation upon our markets— because other countries were showing a tendency towards dumping goods at any price, the late Government took power to act by emergency order, and to act quickly, by stopping the importation of those goods when they heard they were coming here, such orders being subsequently confirmed here in the Dáil. That Act was a temporary Act and expired last July. It was not renewed. It was not necessary because more powers were taken by this Government, but not greater powers than those under the Emergency Imposition of Duties Act of last July. That Act was passed to impose duties by order.

In that emergency?

Because there is an emergency. Because there was danger that importations would take place that would destroy industry in this country.

Does the Minister state that in every case powers were only used after it was ascertained there was risk of that sort?

In every case they were imposed because it would be unwise to wait for the assembly of the Dáil to impose them by resolution of the Dáil. Deputies opposite speak as if every duty was imposed by emergency order. That is not so. Except in the case of two or three of the duties mentioned in this Bill they were all imposed by the ordinary procedure. A financial resolution was first introduced. It was then confirmed on Report, and later enacted in legislation. That applies to the majority of the duties under this Bill. That course was adopted because there was no necessity for speedy action, such as existed in the case of duties imposed by emergency order and afterwards confirmed by Act of the Oireachtas. We have this obvious answer to charges made by Deputies opposite. We had to take action quickly occasionally, in order to prevent industrial damage, and we would have neglected our duty if we acted otherwise.

Deputy Dillon said that we have powers that no Ministers should have. He wants to take those powers from us, particularly the powers of licensing imports where a case for their importation has been made out. The fact is that the powers possessed by this Government in regard to licensing of goods are much less than those possessed by the Government of any other country, except Great Britain, and Great Britain is catching up to the position of governments in other countries, and in some cases, they have gone further than we have in licensing the importation of goods. Outside Great Britain, in France, Germany and other countries of the world there are very wide powers in the Executive to deal with matters of this kind by order, and not by legislation. The whole tendency throughout the world is to increase these powers. As everybody knows international trade for some years is being conducted on the basis of international barter by Governments; and to barter effectively, countries must have the power to direct trade into channels through which they want it to go. The powers we possess are not adequate to enable us to secure a fair deal for ourselves in the world's markets, when we come up against Governments with wider powers, and who are in a position to make these orders either without reference to Parliament or only with reference to Parliament long after the events.

That is to apply this even to licensing powers.

Undoubtedly.

The Minister finds them of value in consultation with other Governments.

At present we have no power to license goods except they are goods that are not produced in Saorstát Eireann, and that are required by manufacturers to carry on their process of manufacture. There are one or two duties in respect to which we have wider powers, but speaking of the general range of duties in respect of which licence powers exist they are very definitely limited. We have had urgent representations from all sorts of interests, including members of the Party opposite that these powers should be extended because they are so circumscribed at the moment that they are practically valueless. In this Bill we are presenting an extended definition so as to make these powers more effective.

Section 12 of the Finance Act of 1932 is the main section in that regard. It gives general powers to the Minister for Finance on the recommendation of the Minister for Industry and Commerce to permit the importation of any article subject to duty if it is not manufactured in the Saorstát, and if it is required by a manufacturer to carry on the process of his manufacture. For a time that section worked satisfactorily. But recent cases that came up for decision necessitated the application to it of a much stricter interpretation than the Revenue Commissioners were previously prepared to accept. For example they decided that the construction of a building was not a process of manufacture, and that goods that might be required for the construction of a building could not be imported free of duty under licence under that section. Similarly it was decided that if any article of the same kind was manufactured in the Saorstát, no matter how different in character, or price or quality, no licence could be issued. The section is now extended so that the words "process of manufacture" shall be construed and have effect as including any industrial process and also including any industrial operation whether of the nature of construction, assemblage, repairing or other similar nature, and the word "manufacture" shall be construed and have effect accordingly. That will be found as Reference No. 3 in the Second Schedule. I am quite certain that if a miracle ever does happen, and that the Party opposite are entrusted with the responsibility of Government, that whatever member of that Party is appointed Minister for Finance will resist, tooth and nail, any proposal of his colleagues to divest him of those powers which he will acquire when appointed to that office.

It is alleged that these powers are sometimes used wrongly and that political pressure is exercised upon the Minister for Industry and Commerce, to make him grant concessions to one Party that he refuses to another.

My answer to that is: "I want a single example produced." Deputy Dillon has spoken about a flour importer in Donegal. There are Deputies opposite who know that they have frequently—if not frequently, on occasion, at any rate—written to me or sent wires to my office urging that special facilities for the importation of flour to Donegal should be given. At one period it was even stated that there was a shortage of flour there. Right from the beginning until we got matters straightened out we have always treated Donegal as a special area where the regulations would be applied much less rigidly than in any other part of the country, because, of course, there is no flour mill there or no flour mill near which is able to supply them. It took us some time to organise the rest of the flour millers in the Saorstát so as to ensure that a full and regular supply of flour to that county would be available, but we succeeded in doing that. The flour millers have combined to manufacture flour for Donegal under a common brand, and arrangements have been made with transport organisations which secure for that flour a very low rate indeed, so that it can be sold in Donegal at a price commensurate with the price charged elsewhere.

Deputy Dillon stated that one baker in that county got a licence to import flour, and that the flour imported was not used in his bakery but sold as shop flour in competition with his competitors. Let me say again that the implication there is that the competitors were at a disadvantage because they had to pay duty upon the flour which they were selling. That is not so. The flour which the competitors were selling, if it was not Irish-milled flour, was also flour that was imported free of duty. At present there is no duty on flour. There is complete prohibition of the importation of flour, and it cannot come in at all unless a licence is issued. If a licence is issued the flour is free of duty. Any competitors selling a corresponding brand of flour also had it free of duty. It is possible, I will admit, that some person who got a licence to import bakers' flour imported shop flour instead. In fact, in other parts of the Saorstát no such licence would have been issued. The practice we adopted was to issue those licences only to those who are regularly engaged in the importation of flour. Subsequent to the changes that were made following the dispute with Great Britain licences were issued only to those who could finance the importation of that flour themselves, and who had been regularly engaged in that trade prior to the introduction of the Cereals Act.

I do not know if there were any such persons in Donegal at all, but in Donegal we had to vary that procedure by issuing licences to persons who had been engaged in the wholesaling of flour even though they had formerly imported that flour through agents in Dublin, Cork or Limerick. That was done following a conference of the interested parties held in the Department. A list of those who were to get that facility was drawn up by agreement with everybody in the county interested in the flour trade. Those people would get licences to import flour without any condition as to the nature of the flour being imposed. We have no power to impose such conditions. If a baker in some part of Donegal got a licence to import 500 sacks of flour, as Deputy Dillon said, he may have got that licence on making representations to the Department that the flour was required for his bakery, but he was fully entitled under the licence to import flour for any purpose that he liked. The sole consideration that comes into account when licences are being issued is as to the total quantity of flour that can be permitted. Not merely has that quantity not been exceeded, but it has never been reached in any of the quota periods up to the present, with the exception of one period, when, in order to enable us to assess the position, a very low quota was fixed, and a second quota was issued before the period had ended.

Deputy Dillon also talked about cotton hosiery, and the difficulties for the poor which the imposition of a minimum duty upon cotton hosiery was going to produce. There are two answers to that. One is that the cotton hosiery, which was causing serious dislocation in the market here, was coming mainly from Japan. It was coming in here at a price which the manufacturers in this country could not possibly get down to, under any circumstances. I think Deputies are aware that every industrial country in the world is at the present time gravely perturbed by the nature of the competition they are meeting from Japan. In this morning's paper you will read an account of a discussion on that subject which took place in the British House of Commons yesterday. In the papers of every country you will read of the special measures that are being adopted by Governments in order to protect their industries against the extraordinary competition arising from that country, where the standard of living is very low, where the rate of wages, calculated in our money, is frequently not more than a 1/- or 2/ per week, and where industry is so organised that prices can be achieved which are completely impossible in any other country. We can, if Deputies wish, get the advantage of all those cheap goods, allow our own industries to disappear, and terminate the attempt to revive them. I see no reason why we should adopt that policy in relation to cotton goods and not in relation to other classes of goods. There is not the slightest doubt that there is not a single product we produce, whether agricultural or industrial, that we cannot buy cheaper from some other country. If our only policy is to get goods at the cheapest price at which they can be got anywhere we are going to have a position in which we would produce nothing. We would all be living on outdoor relief, knowing that goods were cheap, if we had the money to buy them.

That is not our policy. We are trying to secure the development of industry here, to secure it with the utmost speed and at the same time to secure it with efficiency. In fact, the production of cotton goods in this country costs no more than it costs in Great Britain. We can produce those goods here as cheaply as they can be produced in Great Britain. In respect of some hosiery goods, because of the very up-to-date equipment of the Irish factories at present, they can be produced here cheaper than they are being produced in Great Britain. Deputy Dillon attempted to quote Dr. Ryan as saying that we had increased the price of the things the farmer had to buy by 100 per cent. I do not believe Dr. Ryan said anything half so foolish, because we have not done it. Deputy Dillon's argument was that because industrial costs were increased by 100 per cent. the Minister for Agriculture was increasing agricultural prices, and the cost of living goes mounting up. In fact, the cost of living has come down. Deputies who read the papers will read of the protests made by Deputy Norton and other representatives of different branches of the Civil Service against the substantial cuts which have been made in their cost-of-living bonus because the cost of living was fallen so rapidly. In fact, with the exception of one or two branches, since protection was afforded to Irish industry, prices have been reduced all round. In respect of some of those goods the prices prevailing here are lower than in Great Britain. You can buy a Dodge motor car in this country—completely assembled in this country, body and chassis—£50 cheaper than you can buy the same car in Great Britain. There are other classes of goods of which that is true. One reason is that our industrial equipment is new, and being new, is most up-to-date. We have been able to take full advantage of the technical experience of other countries to instal the most up-to-date machinery, to devise means to eliminate costs which have prevailed in other countries and which still operate there. Another reason is that we are starting our industrial development at a time when capital equipment is remarkably cheap. At present you can erect and equip a factory for any class of production at one quarter the price at which a factory of the same size was erected and equipped in Great Britain only five or six years ago. That very low capitalisation permits again of lower selling prices. The fact is that not merely are we succeeding in getting industrial development with efficiency but, in many cases, we are beating our main competitors in respect of prices, designs and quality, as well as efficiency in production.

Let us deal with the particular matters that were mentioned. So far as grass seed is concerned, the section of the Bill imposes a duty on grass seed, but power is given to the Minister for Agriculture to permit the importation of such seed under any circumstances that he thinks justified. Consequently the suggestion made by Deputy Haslett has already been met. In so far as it is necessary to import small quantities of seed it can be done. That is, in fact, what is contemplated by the section as it stands.

Where will the seed be got?

In this country. I think that Deputy Haslett will be able to inform Deputy Belton about that.

It is the Minister I am asking. I would be interested to know.

In the Northern counties, and in Monaghan, which Deputy Haslett represents, grass seed is pretty extensively grown and, in fact, it is exported from there. The duty, of course, is not merely coming into operation now. It has been in operation for a considerable time. It is only being confirmed by this Bill. It was discussed at considerable length before.

Can the Minister assure the House that seed and mixture for laying down land can be procured within the Saorstát?

In so far as any deficiency may exist in Saorstát production, power to permit importation free is taken. It is intended to secure that there will be no difficulty in that regard. I can assure Deputy Belton that this tariff on grass seed is not designed to help the tillage policy.

It will not help any policy.

It will. I think the farmers of Monaghan will have a different opinion of its utility.

Will it be possible to get all the grass seed required in the Twenty-Six Counties within the Twenty-Six Counties?

So I understand.

I am a seed merchant, and I do not think that is possible. I should be glad if the Minister would make sure on that point.

It is so in respect to a number of varieties. If it is not so in regard to any variety the licensing section is there. That section is designed to give power to regulate the importation of any seed.

Has the Faculty of Agriculture been consulted on the point?

The Department of Agriculture, which knows more about it, has.

Has the Faculty of Agriculture been consulted? It looks after the strains of seed.

The Department is responsible.

I suppose the Minister is aware that the Department of Agriculture does not now look after the Agricultural College in Glasnevin, where seed breeding and seed testing is carried out. The Faculty of Agriculture is now run by University College, Dublin.

If the Deputy would look at the Official Debates containing the discussion that took place when the duty was first proposed he will find that every point that could have been raised was dealt with.

I can assure the Minister that I would not be so interested in the point only that it is one I followed closely. Seed breeding is the key of the whole agricultural position. That is why I am raising this question, and not by way of adverse criticism. I am raising it to get information and although the Minister may not believe me, I want to help.

I accept the Deputy's word on that quite definitely. However, the point is that the duty was imposed on the recommendation of the Minister for Agriculture some considerable time ago. It has been in force for a couple of months. It was fully discussed in the Dáil when the resolution imposing it was passed, and this is merely a confirming Bill. It was explained that the effect of the resolution was to give the Minister power to regulate imports, to keep out seed that was not required, and to permit it to come in, if required. The main effect is to secure that those engaged in the production of grass seed in the Northern Counties will be able to find a market, if possible, in the Saorstát, and we also hope for increased production.

The Bill must have been discussed the day I was in Collins Barracks.

We will try to arrange a day in future when the Deputy is available.

Or arrange it when I would not be in the Dáil.

I can assure the Deputy that if that happened it was not done designedly.

I accept the Minister's assurance that it will not occur again.

I am not giving any such assurance. Deputy Murphy raised a question about second-hand clothing. Since the duty was first imposed the officers of my Department and myself have had opportunities of meeting everybody associated directly or indirectly with the second-hand clothing business here. We got a variety of views. I explained on another occasion why it was necessary to change the ad valorem duty into a flat rate duty, owing to the fact that the ad valorem duty was grossly evaded and that the ingenuity of the Revenue Commissioners in detecting the various methods of evasion had been exhausted. They had in fact admitted themselves beaten on each occasion they devised some scheme to check or to catch those obviously evading them. We found there was no effective way of dealing with the position so long as the ad valorem duty operated. It was then decided to impose a flat rate duty. The fixing of the amount of the flat rate duty was largely a matter of opinion. One cannot say with certainty in respect to these goods what the duty should be. In respect of industrial production you can take into account any situation which may make the cost of production here a trifle higher than the import price, or you can take into account the extent of the reduction in the price or the discount which importers are prepared to allow, and fix a duty upon it which, nevertheless, will secure the home market.

When dealing with second-class clothes you have no standard to go on. You can fix a figure which you think will be effective and stick to that. The figure we chose was 50 per cent. of the flat rate of duty applied to these goods when new. That has been in operation for some time, and we have been able to judge the effects. The position is that there are two types of second-hand clothes imported. There is a very superior class of clothing which is sold at quite respectable prices. That clothing is not going to be stopped by this flat rate duty. In some cases, the flat rate duty will not apply, because the ad valorem duty will be higher. No serious objection to the duty, so far as it applies to that type of clothing, has been forthcoming. The other class is the very cheap second-hand clothing, in respect of which, while we can argue on general grounds that its entire exclusion would be a benefit to the country, nevertheless, it is a fact that in certain parts it is sold fairly extensively. The position in that regard, however, is, would any reduction of the duty meet the case of the importers? If we have to have a duty—and it is clear that we must, if we are to protect the position here—a duty of 5/- as is suggested here would be no more hardship, and would be no less effective, than a duty of 4/- or 3/-. Consequently there is no case for changing the duty because of the effect on that class of clothing.

There is a quantity of that clothing which originates in the country. Some of it would be imported in any event. Some of it is brought in in a very dilapidated condition and renovated here and a certain amount of employment is given in that connection. I do not know if it is very valuable employment or that we should exert ourselves to preserve it, but it is given, nevertheless. Having considered the matter very fully and having had an opportunity of meeting all the interested parties and hearing their representations, I have come to the conclusion that there is no case for amending it at all. I was rather struck by Deputy Murphy's suggestion that we might achieve the end we have in view in a different manner than by the imposition of the duty—by regulating the imports and having a system of approved importers with permission to import defined quantities. I should like to examine that suggestion to see if it could be regarded as practicable, but the possibility of its adoption does not necessarily involve an alteration in the existing duty position. I think that this Bill should go through in any event.

I do not know to what extent the imposition of the duty on these goods is going to affect this particular class of trade. I am not really satisfied that it is going to affect it to anything like the substantial extent which has been represented. It is, however, necessary that we should check and reduce the importation of this second-hand clothing into this country. It is a trade peculiar to ourselves. This second-hand clothing originates in Great Britain where there is no market for it and it is disposed of here. If we were 100 miles further out in the Atlantic or if we were situated in some other part of Europe, the trade would never have arisen, and in fact these goods are frequently sold, by auction and otherwise, at prices which would have bought the purchaser a much better article turned out from an existing factory in the Saorstát. The limitation of the trade may have a temporary effect on those who are engaged in it, but we have to take that consequence, knowing that the national effect is going to be, on the whole, beneficial.

I do not think any other point was raised, and these are, in fact, mainly Committee points. The Bill will be in Committee in the Dáil to-morrow, and if anybody wants to raise any further points, we can discuss them then. The principle of the Bill, despite what Deputy Dillon said, is thoroughly sound, and I am quite sure has the approval, if not of Deputy Dillon himself, at least of a number of the members of the Party of which he is now a member.

Might I ask the Minister if he deems it expedient to acquaint the House with the general line of discussion that took place between himself and the merchant drapers who called on him with reference to the duties imposed by this Bill on hosiery?

The merchant drapers represented that the Saorstát hosiery manufacturers could not supply their needs of cotton hosiery. Their objection was not taken on the ground that the very cheap Japanese hosiery would be excluded, but that they feared a shortage of supply from the Saorstát mills. I agree fully that when we imposed this duty we sailed close to the wind, in so far as the production actually taking place or in sight in respect of cotton hosiery by native hosiery manufacturers was less, or certainly not greater, than the requirements of the country. Since the duty has been imposed, however, some rapid developments have taken place. Almost within a week of the imposition of the duty, we had propositions from no fewer than four British firms who wished to establish factories for the production of these goods here, and in one case to establish a factory of very large size and involving very heavy capital commitment. In no case have we yet issued a licence, because the examination to date does not show that there is, in fact, room having regard to the fact that three other firms have started or are starting into the production of these goods since the duty was imposed under the auspices of well-known firms in the retail side of the business. They are either starting production now or installing machinery, and although there may be a temporary shortage, it is, nevertheless, quite clear that the deficiency in production, if it existed, will be made good in a very short time indeed. I am not so sure that there will be a temporary shortage because the information at my disposal seems to indicate that the stocks available in the country are very large and that they will be quite sufficient to carry the country over the period during which any deficiency in production may take place.

There are, of course, as I mentioned before, two of the hosiery manufacturers installing machinery for the production of cotton socks particularly on a substantial scale, but the other three firms I have mentioned are proposing to do not merely cotton socks but all sorts of cotton hosiery goods. They have been facilitated by my Department in getting into speedy production and if the rate of output which they contemplate is in fact achieved, we will have, I think, more than adequate production in the country. Certain examination is going on at the moment which will determine our policy. Behind that is a proposal from certain external firms to establish themselves in this business, and if it appears from the examination now taking place that the production of the Saorstát mills will be inadequate or will not be increased with sufficient rapidity, I will not hesitate to issue a licence to one or more of those firms—that one which appears to put forward the most attractive proposals from our point of view—to enable them to get into production. It is, fortunately, an industry which appears for some reason, to be capable of rapid establishment and development. I was surprised myself at the speed with which new concerns were able to get equipment and get into production, so that if it becomes necessary to issue a licence to any one of these applicants, there is no reason to anticipate any prolonged delay on their part in getting into production.

In connection with the licensing system, might I suggest to the Minister that it would obviate a lot of trouble if local authorities were asked to warn contractors who undertake contracts for them that the goods required in respect of those contracts may be subject to emergency duties? I think he has had the experience that contractors have undertaken contracts for such things as water pipes and have then found that they reckoned without the very big duties which they were required to pay on certain machinery necessary to fulfil the contract. They have then come to him with the plea that the payment of duty would mean that they would lose on the contract. Certainly I know of my own experience, that there have been three or four cases where a lot of trouble and disappointment has been caused because such contractors were not able to get over these duties. I think it would be well if some more efficient method were adopted of warning contractors that these duties exist in connection with the contracts they undertake.

It may be true that some of these contractors made mistakes in submitting their tenders, but in the majority of cases I am quite satisfied that the mistakes were intentional, and that the intention was to present the Department with a position in which we would appear to have no other course but to issue a licence to import the goods free of duty. When the same contractor makes the same mistake twice, one can be quite certain that it is intentional—at least, on the second occasion. I am quite certain that most of them have learned by this what facilities the Department is likely to afford and what facilities are likely to be refused. It is, however, not an unusual experience that people think they can force us into a position in which we will have no choice, by tendering for certain goods without advertence to the duties that are likely to be charged on them, and then saying that if we do not give them a licence they will be subject to loss, or that they had actually imported the goods and had them safely transferred from the ship on to the quay before they applied for a licence. We have to harden our hearts and refuse applications of that kind in order to establish respect for the regulations we have made. I cannot see that there is any alternative. There is, however, something in Deputy Moore's point though. I do not know if it has still the same validity that it might have had some time ago. Contractors are not likely to make mistakes, and those who are engaged on public works ought to know the position. I think contractors of that kind before submitting tenders ought to ascertain, as they can by telephoning to the Department, what duties are likely to be leviable on any plant or goods they wish to import.

The Minister knows that there are always new contractors coming in. He also knows that the idea prevails that anything done for a local body is done for the Government. The idea consequently prevails that these duties exist for the ordinary person only and that it may be possible to get a licence on such contracts because they are contracts for local bodies.

Question put and agreed to.
Committee Stage ordered for Thursday, 30th November.
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