The Parliamentary Secretary to the Minister for Industry and Commerce asks leave to be heard on behalf of the Minister during the debate on this Bill.
Tourist Traffic (Development) Bill, 1931.—Committee.
Cathaoirleach
Leave granted.
Sections 1 and 2 agreed to.
SECTION 3.
Sub-section (7). The benefit of a local contribution agreement shall not be assigned save to an approved company or without the consent of the Minister endorsed on the assignment....
I move amendment 1:—
Section 3, sub-section (7). To delete all after the word "company" in line 2 down to the end of the sub-section and to substitute therefor the words "and the consent of the Minister thereto shall be endorsed on every such assignment."
This is really a drafting amendment. There seems to be an ambiguity in the sub-section as it stands. It might be taken to mean that the assignment of the contribution agreement could take place either to an approved company or to some other body or person approved of by the Minister. I doubt very much whether that is the intention. It seems to me that the intention was two-fold—one, that the assignment should be made to an approved company, and two, that it should also have the consent of the Minister. It may be said that this amendment is not necessary inasmuch as sub-section (1) contemplates that these contributions shall only be made to approved companies. But even if that be so, I think some amendment of this nature is desirable for the sake of greater clarity.
In reading the amendment on the paper, I was not quite clear as to what Senator Hooper's intention was. Having heard his explanation, I am aware that his intention is to clarify the section. Reading this section with the other sections of the Bill, I think it will be found that it fits in all right and makes clear that it is not intended that there should be consent to an assignment to any but approved companies. If any little drafting amendment is necessary to make that clear, I should be glad to consider the matter between this and Report State, and introduce an amendment of a few words to give effect to Senator Hooper's intention.
Amendment, by leave, withdrawn.
Sections 3 to 6, inclusive, agreed to.
SECTION 7.
I move amendment 2:
Before Section 7 to insert a new section as follows:—
(1) Any moneys raised by a local authority for the purposes of Section 67 of the Local Government Act, 1925 (No. 5 of 1925), and not applied before the passing of this Act by such local authority for the said purposes may be applied by such local authority in defraying any expenses incurred by them under this Act.
(2) Any contributions paid before the passing of this Act under sub-section (2) of Section 67 of the Local Government Act, 1925, to the funds of any such association as is mentioned in the said sub-section shall be expended by such association in accordance with the said sub-section as if the said Section 67 had not been repealed by this Act.
This amendment is intended to provide for the transition from the arrangements under Section 67 of the Local Government Act of 1925 to the arrangements under the present Bill. Local authorities, proceeding under the powers conferred by Section 67 of the Local Government Act, may already have struck rates to provide for contributions to a tourist association. That section of the Local Government Act is being repealed by this Bill. The object of the first sub-section of my amendment is to make it clear that the local authorites may apply any money so raised, and not already paid over to the tourist association, as money raised under this Bill. The purpose of the second sub-section of the amendment is to make clear that all contributions already paid before the passing of this Bill to an association under Section 67 shall be expended by the association in the manner provided by that section and in accordance with the scheme laid down by the Minister for Industry and Commerce. I might point out that without such an amendment as this there would, in consequence of the repeal of Section 67, be no statutory provision regulating the expenditure of such contributions.
I second the amendment.
Amendment put and agreed to.
Section 7 agreed to.
Title agreed to.
The Seanad went out of Committee.
Bill reported with amendment.
Report Stage fixed for Wednesday, 20th May.