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Special Committee Dairy Produce Bill, 1924 díospóireacht -
Wednesday, 2 Jul 1924

SECTION 6.

6.—(1) Any person on whom a notice is served by an inspector under this part of this Act (other than a notice only requiring any premises, plant, machinery, appliances, or utensils to be cleansed) shall, on payment of the prescribed fees, be entitled to have such notice referred in the prescribed manner to the arbitrator.
(2) It shall be the duty of the arbitrator to whom the matter of a notice is referred under this section to inquire into and determine in the prescribed manner the matter of such notice, and to confirm, with or without any addition, omission, or amendment, or to annul such notice in such manner as justice may require.
(3) When the matter of a notice is so referred to the arbitrator, the notice shall be deemed to be suspended until the matter is determined by the arbitrator, but if the notice is confirmed by the arbitrator, whether with or without any addition, omission, or amendment, the notice as so confirmed shall take effect as if it had been duly served under this Act on the date of such confirmation.

I move:—

In sub-section (1), lines 9-11, to delete the words " (other than a notice only requiring any premises, plant, machinery, appliances, or utensils to be cleansed)."

It is possible for inspectors to make mistakes. I had a case brought to my notice where a manager had sand near his premises for the purpose of making concrete, and the inspector mistook it for sweepings. That, probably, is unusual. But there are possibilities even in regard to those matters which I propose to delete. I propose that these words be deleted, and that the right to refer to the arbitrator shall not be limited as it is by the section as it stands.

It would be impossible to accept that amendment. The inspector reports that the place needs cleansing there is an appeal, and it is cleaned before the appeal comes on. and there is an end of it.

But in a case such as I have mentioned where there is an erroneous report, what remedy has the person?

None. That is the fact. You have to bank to a certain extent on the honour and efficiency of your officers.

We must take it for granted that the inspectors will be honest.

If such an error did occur, and if the person could prove that an erroneous report had been made, disciplinary action could be taken?

Amendment, by leave, withdrawn.
Question—" That Section 6 stand part of the Bill "—put and agreed.

I missed a point which I thought would be worthy of consideration on Section 5.

We cannot go back. Bring it up on the Report Stage. Section 7. There is an amendment, No.17, in the name of Deputy Johnson.

Question—" That Section 7 stand part of the Bill "—put and agreed.
Question—" That Section 8 stand part of the Bill "—put and agreed.
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