What is the difference between a Saorstát Eireann statute and an Act of the Oireachtas?
Customs Bill, 1955—Committee and Final Stages.
Question proposed: "That Section 1 stand part of the Bill."
I am not an expert, but would one be before the Constitution and the other after it?
They both seem the same to me.
Question put and agreed to.
SECTION 2.
Question proposed: "That Section 2 stand part of the Bill."
Could I ask the Minister a question on this?
Yes.
It may be a little unreasonable to "jump" him on it. If so, he has only to say so and perhaps we could raise it on another occasion. It is a question that disturbs the minds of a good many people. Could he tell us under this section what are the powers of customs officers in dealing with the importation of books that are part of the personal baggage of a traveller? I know it may be unreasonable to ask that question now, but it is a question that comes up again and again, and we have not the opportunity which is available in the other House of raising these questions. If the Minister could see his way to give an outline of the answer, I think many would be grateful.
I am not quite clear what the Senator has in mind, quite frankly. Is it the Senator's anxiety that the Revenue Commissioners have discretion as to what statutes they implement and what statutes they do not implement? If that is his anxiety, the position is clear enough that the customs authorities have power to implement all statutes which prohibit importation, whether revenue or otherwise.
We know of cases where books were actually taken from the personal baggage of travellers and seized by customs officials. It is sometimes rather hard to know on what grounds they have done that. Could the Minister enlighten us, or would it be too complicated?
Is the Senator referring to books on the list of books banned by the Censorship Board?
I am referring to books in general, but, since the Minister raises the point, I should like to know whether the customs officers have any right to anticipate the decisions of the Censorship Board in any way?
I think the position in respect of that is quite clear. The customs authorities act under the law as it has been enacted here. If a book is on a list, it is quite clear that its importation is prohibited and the customs officers must operate accordingly. Apart from that, as well as I can recollect—I am speaking, not so much as Minister for Finance, as from a recollection I had in another capacity on another occasion—there is another Act dealing with books which can be described as obscene. The police authorities and the customs officers would have powers under that Act which would govern publications which are not the subject of an exact list. Equally, they would have power in respect of printed articles coming in which were the subject of a certain announcement I made in another place yesterday.
Arising out of what the Minister has said, perhaps I should come to the kernel of the question and ask if the customs officers have discretionary powers in this matter to decide what would come under the Acts against obscene literature or not, or must they consult others before they make what seems to be sometimes a snap decision in the matter?
That is dealt with under the ordinary condemnatory powers of the Revenue Commissioners and on whose behalf customs officers act. There are in respect of books not merely of the type the Senator has in mind, but of articles that are suspected of being brought in, certain provisions by virtue of which customs officers have power to detain, and there is a procedure, after detention, by which notice must be given to the importer, and, in the event of objection, there is a procedure under which those objections can be resolved subsequently.
I thank the Minister.
Question put and agreed to.
Sections 3 to 13 inclusive agreed to.
Title agreed to.
Agreed to take remaining stages to-day.
Bill reported without amendment, received for final consideration and passed.