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Dáil Éireann díospóireacht -
Wednesday, 12 Sep 1934

Vol. 53 No. 21

Control of Manufactures Bill, 1934—From the Seanad. - In Committee.

I move that the Committee agree with all the Seanad amendments, as follows:—

1. Section 9, sub-section (1). The word "both" deleted in line 28, page 4, and the word "all" substituted therefor.

2. Section 9, sub-section (1). After the word "rights" in line 47, page 4, the words and brackets "(whether immediate or to arise in certain future circumstances)" inserted.

3. Section 9, sub-section (1). After the word "rights" in line 53, page 4, the words and brackets "(whether immediate or to arise in certain future circumstances)" inserted.

4. Section 9, sub-section (1). The word "or" deleted in line 58, page 4, and the word "and" substituted therefor.

5. Section 9, sub-section (1). After sub-paragraph (ii), line 58, a new sub-paragraph inserted as follows:—

"(iii) a majority of the directors (other than a managing director giving the whole of his time to his duties as such director) of the owning body corporate are nationals of Saorstát Eireann; or"

6. New section. Before Section 12 a new section inserted as follows:—

12.—(1) As soon as may be after the passing of this Act the Minister shall establish and shall thereafter maintain a register (in this section referred to as the said register) of new manufacture licences granted under this Act.

(2) Immediately upon the establishment of the said register the Minister shall enter therein all new manufacture licences granted under the Principal Act before the passing of this Act, and whenever a new manufacture licence is granted after the passing of this Act the Minister shall forthwith enter such licence in the said register.

(3) Every entry of a new manufacture licence in the said register shall include a statement of the name of the person to whom such licence was granted, the article, material, or substance to which such licence relates, and the thing or things which the licensee under such licence is authorised by such licence to do.

(4) The said register shall be kept at such place in the City of Dublin as the Minister shall direct and shall be open to inspection by the public during the prescribed hours on every day (except Sundays and bank holidays) on payment of the prescribed fee.

7. Section 13, sub-section (1). After the word "individual" in line 9, page 8, the following words inserted:—"to state if he is the owner or part-owner of or is in control of such business, and if so".

8. Section 16, sub-section (6). The words "a resolution has been passed by Dáil Eireann" deleted in line 60 and the words "resolutions have been passed by each House of the Oireachtas" substituted therefor.

9. Section 16, sub-section (7). The words "resolution passed by Dáil Eireann" deleted in line 63 and the words "resolutions passed by each House of the Oireachtas" substituted therefor.

10. Section 16, sub-section (7). The words "such resolution" deleted in line 1 and the words "whichever of such resolutions is later passed" substituted therefor.

11. Section 20. A new sub-section added at the end of the section as follows:—

(2) Where the Minister refuses to grant a reserved commodity manufacture licence to an applicant who claims that he was, on the date of the application or on the day before the appointed day (whichever is the earlier), manufacturing the reserved commodity to which such application related, the following provisions shall have effect, that is to say:—

(a) such applicant may, within three months after such refusal, apply in a summary manner to the High Court for a declaration that such licence should be granted to him;

(b) the High Court, if it is satisfied that such applicant was so manufacturing such reserved commodity as aforesaid and that having regard to all the circumstances of the case it is just and equitable that such licence should be granted to such applicant, may make a declaration that such licence should be granted to such applicant accordingly;

(c) whenever the High Court makes an order under this section declaring that a reserved commodity manufacture licence should be granted to a person, the Minister shall, as soon as conveniently may be, grant under and in accordance with this Act such licence to such person.

12. Section 22, sub-section (1). Before paragraph (a) a new paragraph inserted as follows:—

(a) the extent to which the directors of the company shall be nationals of Saorstát Eireann.

With regard to amendment No. 6, does any part of the new section imply that the Minister will also keep a register of the new licences applied for which have been refused or will be refused as well as those granted?

No, the register to be kept shall be a register of licences issued and shall contain particulars in respect of those licences as set out in sub-section (3). There will be no register in respect of applications refused.

Amendments agreed to.
Agreement with Seanad amendments reported. Report agreed to.
Ordered: That a Message be sent to the Seanad accordingly.

As ordered on the 10th August, the Dáil stands adjourned to 3 p.m. on Wednesday, November 14th, 1934.

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