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Seanad Éireann díospóireacht -
Thursday, 12 Nov 1987

Vol. 117 No. 13

Customs and Excise (Miscellaneous Provisions) (No. 2) Bill, 1987: Report Stage.

An Leas-Chathaoirleach

Before we proceed with the Report Stage I would like to remind the House that the proposer of an amendment has the right to reply on that amendment but no other Senator may speak more than once on each amendment. Where two or more amendments are being discussed together, the right of reply rests with the mover of the first amendment.

I move amendment No. 1:

In page 3, lines 30 and 31, to delete "with reasonable cause suspects" and substitute "has reasonable grounds to suspect".

That would mean that section 2 would read: "An officer of the Customs and Excise who has reasonable grounds to suspect." I think it is a reasonable amendment. It is wording that is used in similar legislation and has been used before. I cannot understand why the Minister has used "reasonable cause" as opposed to "reasonable grounds". It is only a technicality but I want the legislation to be in line with previous legislation.

I ask the Minister to clarify why it was seen as appropriate to put in "with reasonable cause", how he justifies the use of that phrase and how he feels it is the most effective in the circumstances. I would be very interested in his reply.

On a point of order, I would like to have clarification. It seems to me that in some way what we are having today is a repeat of Committee Stage. I was under the impression that what was passed on Committee Stage is gone by, that it is now part and parcel of the Bill and that Report Stage should be different and has been different over the years. I ask clarification in regard to this matter.

An Leas-Chathaoirleach

I would just point out to the Senator that this is just a normal procedure on Report Stage. The fact that there are more amendments than usual indicates the vigilance and the hard work of our colleagues. It is certainly within the rules of the House and there is nothing unusual about it as far as the Chair is concerned.

What is the difference between Committee Stage and Report Stage.

An Leas-Chathaoirleach

I do not think it arises at this stage but the amendments on Report Stage may properly be tabled on questions that arise from the discussion on Committee Stage. That is the normal procedure, the machinery there from the inception of the State. The only difference is that the Members can make only one contribution on any one amendment.

Debate adjourned.
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