Vol. 166 No. 4
I move amendment No. 1:—
In sub-section (1), page 4, to delete lines 19 to 23 (including the marginal note) and substitute the following:—
(1) It shall, notwithstanding anything in Section 9 of the Act of 1934, be lawful for a company, which carries on business by way of trade or for the purposes of gain, to carry on, in the course of or as part of such business, any manufacturing process if at the time of doing so (in this sub-section referred to as the relevant time)—.
A new definition?
It is only a changing around of the wording.
I move amendment No. 2:—
In sub-section (1), page 4, line 33, to substitute "continuously" for "continually."
I move amendment No. 3:—
In sub-section (1), to delete paragraph (h), and substitute the following new paragraph:—
(h) the fixed assets used in the business of such company do not exceed £5,000 in value, or.
I move amendment No. 4:—
Before sub-section (2) to insert the following new sub-section:—
(2) For the purpose of paragraph (a) of sub-section (1) of this section, a company shall be deemed to carry on business solely for export if the following condition is fulfilled, namely, that the sales on the home market of every commodity in respect of which it carries on any manufacturing process are incidental only to its export trade in that commodity, and the said condition shall be taken to have been fulfilled if, taking one year with another, the quantity of that commodity sold on the home market by it does not exceed 10 per cent. of its total output of that commodity.
I move amendment No. 5:—
Before sub-section (2), to insert the following new sub-section:—
(3) Section 9 (which restricts the carrying on of manufactures) of the Act of 1934 is hereby amended in the following respects:—
(a) references to a person shall be construed as references to a company and not to an individual,
(b) the reference, in sub-section (1), to the doing of any of certain specified things shall be construed as a reference to carrying on any manufacturing process,
(c) in sub-section (1), all words from the words "unless either" to the end of the sub-section shall be deleted,
(d) sub-sections (2), (3) and (4) shall be deleted.
I move amendment No. 6:—
To delete sub-section (2).
I move amendment No. 7:—
In sub-section (1), page 5, line 26, before "Section 4" to insert "Section 9 of the Act of 1934, as amended by".
I move amendment No. 8:—
In sub-section (2), page 5, line 38, before "Section 4" to insert "Section 9 of the Act of 1934, as amended by".
I move amendment No. 9:—
To delete sub-section (1).
I move amendment No. 10:—
In sub-section (2), page 7, to delete lines 40 to 43 and substitute "Section 9 of this Act, as amended by Section 4 of the Control of Manufactures Act, 1958, by virtue of paragraph (d), (e) or (f) of sub-section (1) of the said Section 4".
I move amendment No. 11:—
Before Section 11 to insert the following new section:—
Where a company, which carries on any manufacturing process, applies to the High Court, on notice to the Minister, for a declaration that it is, at the time of making the application, lawfully carrying on that manufacturing process—
(a) the Minister shall not, during the period commencing on the date on which notice of the application was given to the Minister and ending six months after the determination of the application, institute proceedings under Section 9 of the Act of 1934 in respect of an alleged contravention, as respects the carrying on by the company of that manufacturing process, of the said Section 9;
(b) for the purpose of paragraph 4 of Section 10 of the Petty Sessions (Ireland) Act, 1851, the said period shall not, as regards the institution of such proceedings, be taken into account in computing the six months mentioned in the said paragraph 4.
I move amendment No. 12:—
In sub-section (1), page 9, line 8, to delete "Control of Manufactures" and substitute "Industrial Development (Encouragement of External Investment)".
I move amendment No. 13:—
To delete sub-section (2), page 9, lines 10 to 12.
I move amendment No. 14:—
In Part I, before paragraph 1, to insert the following new paragraph:—
1. (1) A company shall, for the purposes of Part I of this Schedule (including subparagraph (2) of this paragraph), be at a particular time a qualified holding (A) company if it then complies with both the following conditions—
(a) its issued shares are then, to an extent exceeding one-half (in nominal value) thereof, in the beneficial ownership of persons who are then qualified (1934 Act) persons, and
(b) at least two-thirds (in nominal value) of every class of its issued shares carrying voting rights (whether immediate or to arise in certain future circumstances) are then in the beneficial ownership of persons who are then qualified (1934 Act) persons.
(2) A company shall, for the purposes of Part I of this Schedule, be at a particular time a qualified holding (B) company if—
(a) its issued shares are then, to an extent exceeding one-half (in nominal value) thereof, in the beneficial ownership of a company which is then a qualified holding (A) company, and
(b) at least two-thirds (in nominal value) of every class of its issued shares carrying voting rights (whether immediate or to arise in certain future circumstances) are then in the beneficial ownership of a company which is then a qualified holding (A) company.
I move amendment No. 15:—
In Part I, paragraph 1, page 9, to delete lines 25 to 37, and substitute "which is then a qualified holding (A) company or a qualified holding (B) company, and".
I move amendment No. 16:—
In part I, paragraph 1, page 9, lines 43 and 44, to delete "a qualified holding" and substitute "then a qualified holding (A) company or a qualified holding (B)".
I move amendment No. 17:—
In Part I, paragraph 1 (c) page 9, lines 45 to 47, to delete "(other than a managing director giving the whole of his time to his duties as such director)" and substitute "(other than a managing director who gives the whole of his time to his duties in that capacity and is not a qualified (1932 Act) person)".
I move amendment No. 18:—
In paragraph 2, page 10, to delete lines 22 to 24, and substitute "from the operation of Section 9 of the Act of 1934, as amended by Section 4 of this Act, by virtue of paragraph (d), (e) or (f) of sub-section (1) of the said Section 4, and".
I move amendment No. 19:—
In page 10, between lines 27 and 28, to insert as subparagraph (2) of paragraph 2, the following—
(2) (a) Where—
(i) at a particular time any shares of a company are held by a company (in this clause referred to as the holding company) which is then a qualified holding (A) company or a qualified holding (B) company, and
(ii) those shares exceed in nominal value the then paid up share capital of the holding company,
then, for the purposes of subparagraph (1) of this paragraph, the excess shall be excluded in computing the then paid up share capital of the first mentioned company.
(b) Where—
(i) at a particular time any shares of a then qualified holding (B) company are held by a then qualified holding (A) company, and
(ii) those shares exceed in nominal value the then paid up share capital of that qualified holding (A) company,
then, for the purposes of clause (a) of this subparagraph, the excess shall be excluded in computing the paid up share capital of that qualified holding (B) company.
I move amendment No. 20:—
In page 12, line 30, before "and" to insert "or by the company by which it was owned on the 1st day of June, 1932,".
I move amendment No. 21:—
In page 12, line 49, to delete "1st day of October, 1957" and substitute "31st day of January, 1958".
I move amendment No. 22:—
In the entry relating to the Control of Manufactures Act, 1934, to delete "Sections 9, 10 and 13" and substitute "Section 10".
Surely that is not the Title? Did we not amend the Title by amendment No. 12?
It is the long Title.
The long Title is being put.
Surely the Bill will not be known by a long Title and a short Title?
That seems possible.
If so, it would have been better to withdraw the Bill and reintroduce it. Surely we cannot have a Bill with a long Title, as it is amended under amendment No. 12, and a short Title left as it was originally? Does not that, in fact, destroy the value of the long Title?
I do not think so.
I do not think the question the Deputy is putting to me is a matter for the Chair.
Section 15 describes how the Bill is to be cited.
Before it was amended, Section 15 said that this Act may be cited as the Control of Manufactures Act, 1958. Therefore, the Title of the Bill automatically became the Control of Manufactures——
That is how the Bill is cited. The short Title in law is only a matter of convenience.
Some way or other it is most undesirable to have a long Title and a short Title. There must be some method of making them the same.
It is the long Title we are discussing.
The heading of this Bill, as I understand it, is the Control of Manufactures Bill, 1957, and it is cited as the Industrial Development (Encouragement of External Investment) Bill. It seems to me——
That will be the short Title of the Bill in future.
When we get a new print of the measure to-morrow morning, what will we get?
What I put to the House was the long Title, namely "An Act to amend the Control of Manufactures Acts, 1932 and 1934."
Does the Chair not put the Title of the Bill?
Yes, the long Title to the Bill. The short Title has already been agreed to in the citation section, as amended.
We shall wait and see the new print to-morrow.
I would suggest taking the Recommittal Stage this day week.
I think we shall want two weeks for that. We have got to take all the amendments done already and there is a great number of them. I think there are over 30. We have got to rearrange them into the new print and that will take some little time. What about taking the Report Stage this day fortnight?
The Dáil presumably will not meet this day fortnight.
Let us order it then for next week when we can see how we stand.
And leave it over until after Easter.
