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Dáil Éireann díospóireacht -
Wednesday, 18 Feb 1953

Vol. 136 No. 8

Committee on Finance. - Friendly Societies (Amendment) Bill, 1952—Second Stage.

I move that the Bill be now read a Second Time. This is a very simple Bill and proposes one solitary amendment. It is in sub-section (1) of Section 56 of the Friendly Societies Act 1896 and is to insert the word "three" instead of the word "one". Under that Act, a member of a registered society may, by writing under his hand, nominate a person to whom any sum of money payable by the society on the death of that member, not exceeding £100, shall be payable at his decease. The value of money has changed considerably since 1896 and members of friendly societies feel that the sum of £100 is not sufficient and at their request I have put down this amendment which I hope the House will accept.

If the House does accept it, the Bill will go to a Special Committee and I understand there may be some minor consequential amendments. As this is a simple Bill and is so necessary, I do not intend to delay the House. I have pleasure in moving the Second Reading.

I second the motion.

The amendment of the Friendly Societies Act which Deputy Cowan is suggesting in this Bill appears to be a desirable one. As he mentioned, the Act was passed in 1896 and the value of money has changed considerably since then. The £100 limit fixed in Section 56 of that Act, as the maximum amount which could be paid by such a society on the deathof a member to a person nominated by him could reasonably be raised now to £300.

As the Deputy says, some consequential amendments would be necessary—one directly in Section 57 where the same amount is mentioned and another in Section 8. Section 8 of the Act provides that a friendly society which contracts for the assurance of a gross sum exceeding £200 per annum, or an annuity exceeding £50 per annum, may not be registered under the Friendly Societies Acts. If the amount which may be nominated is increased to £300, it would be anomalous to maintain this limitation in Section 8, so the £200 limit should also be raised to £300.

Apart from these consequential amendments, as it is proposed to legislate for amending the Friendly Societies Acts, there are certain other changes which might be made and which I would suggest the Committee should consider. Section 57 (3) of the Act provides that where, on the death of a nominator, the amount payable to the nominee exceeds £80, a certificate that death duties have been paid must be produced to the friendly society before payment can be made to the nominee.

The level at which liability to death duties arises has been raised considerably since 1896, and, under the law as it stands, death duty does not commence to be payable below £2,000. It would, therefore, appear to be desirable to dispense completely with that provision of the Act and I may say that I have consulted the Revenue Commissioners and have got their agreement to that course. Another sub-section of Section 57, dealing with the giving by the Revenue Commissioners of receipts for death duties can also be repealed.

There are other provisions which I have been considering, but upon which I have not yet got the final views of the Revenue Commissioners. These are the provisions in Sections 58 and 69, and the question whether these sections should be deleted or amended, so as to take into account the point at which liability to death duty arises inpresent day conditions, is also being considered. By the time the Bill has been considered in Committee, I will have completed the examination of that matter, in the light of the views expressed by the Revenue Commissioners.

So far as I am concerned, I think it is a good thing that some Deputy took the initiative of proposing this change. It is a type of change which should be made, in view of the alteration in circumstances since the original Act was passed, but something which a Government Department, concerned with more pressing matters, might not consider. In fact, as a point of interest, I should say that there have been very few cases at all in which even the £100 limit appeared to have imposed any hardship, because most of the sums payable on the death of a member to the person he nominates have been substantially less.

I welcome the approach of the Minister to the Bill and I am glad that we shall have an opportunity of making the other amendments suggested by the Minister when we come to consider the Bill in Committee.

Question put and agreed to.
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