asked the Minister for Finance what is the statutory authority which governs the opening and closing of the commercial banks in the Republic; the days of the week on which they must legally remain open; and the Government orders which permitted them to remain closed to the public on such days during the past 12 months.
Ceisteanna—Questions. Oral Answers. - Bank Opening.
25.
There is no law requiring the banks to stay open on any particular day or days. Banks must close on the days appointed under the Public Holidays Acts, 1871 to 1924, to be bank holidays. In addition to or in substitution for usual bank holidays, the Government may appoint any specified day to be a bank holiday. The only days so appointed during the past 12 months were the first Monday in June, 1969, which was in substitution for Whit Monday, and 1st January, 1970, closing on 1st January being traditional for accounting purposes. Next Monday, 1st June, has also been appointed as a bank holiday in substitution for Whit Monday.
Could I point out to the Minister in the bluntest fashion possible that the second inter-Party Government had this question before them and their legal adviser was of the opinion that the banks could not close without a Government Order? This was true. I appeal to the men who were in the second inter-Party Government regarding this. The Minister does not need to give me that kind of answer. I know what the facts are about it. The Minister should not give this kind of answer to the House. It is not correct. The Minister is not telling the truth.
I have given the House the facts as they are known to me. I think what the Deputy is referring to is the fact that on a previous occasion a request was made by the banks to the then Government to make an Order, which they made under the Supplies and Services (Temporary Provisions) Act, 1946. That lapsed in December, 1957. It does not now apply but the legal position is as I have stated it according to the best advice available to me.
I want to ask the Minister a straight question. What has happened the Bills of Exchange (Amendment) Bill, 1965, which was introduced in this House before the election but was never circulated? This has a direct bearing on this question.
That is a separate question.
It is not. It has a direct bearing on whether the banks could close or not. Is the Minister not going to answer my question?
I was about to. If the Deputy wants to ask a question like that, which on the face of it has no bearing whatever on the question he already asked, he will have to give notice of it.
This is not correct. The Minister is trying to introduce a red herring.
Why does the Deputy not ask the question he wants to ask?
Under the Bills of Exchange Act, 1885, the commercial banks cannot close without a Government Order. They have now been allowed to close without any Order of any sort. Now the new Minister for Finance is educated.
May I suggest to Deputy O'Donovan that if he thinks this is so it is quite open to him to take a legal action against his bank and he is welcome to do it.
Question No. 26. We cannot discuss this question all evening.
I have only asked two supplementaries. I want to ask one more. Is it not true that I did once take an action against this Government Party and I won it?
(Interruptions.)
Who paid for that one?
The Government are in the wrong.