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Special Committee Defence Bill, 1951 díospóireacht -
Thursday, 13 Mar 1952

SECTION 35.

Amendments 34 and 35 are sui generis with the others.

35 is more important. I move Amendment No. 34:

In sub-section (1), page 28, paragraph (c), line 55, to delete the words " fifty pounds " and substitute the words " one hundred pounds or to imprisonment for a period not exceeding six months or, at the discretion of the court, to both such fine and such imprisonment."

Towards the end of last year Industry and Commerce dealt with an identical condition of affairs and the sum of money they mention is £50.

Why should you be tied to Industry and Commerce?

It is regarded there as a standard measure and we regard it as such. The sum of £50 is mentioned in the Air Navigation and Transport Act, 1950. The question is should we accept that?

The amendment states that he could be fined up to £100 or given up to six months' imprisonment or, at the discretion of the court, in a bad case he could be both fined and imprisoned. In an ordinary airport if a person interferes by knocking down a sign we can very easily stop a civilian claim coming in, but in a military airport it may be vital and might have to be used in an emergency, and when proper directional signs or apparatus have been put up that are necessary and some scoundrel interferes with them or knocks them down and endangers the lives of our pilots, I think the punishment should be more severe.

Very well, we will go into this point also.

In the case of active service the penalty should be death. The point Deputy Cowan makes is important. If you have a military installation and operational 'planes are working and they are sabotaged, the penalty should be death.

We should show our view as to the seriousness of the offence and make the penalty prohibitive.

If you have the near emergency stage, with a serious situation but without full emergency declared, it may be different. The Minister should take a certain latitude. You are setting the ceiling in specifying the penalty.

We will do the same in this case as in the previous one. We will bring it to the attention of our legal advisors.

Amendment, by leave, withdrawn.
Amendment No. 35 not moved.
Section 35 agreed to.
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