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DÁIL EIREANN.COISTE SPEISIALTA UM AN BHILLE UM OISBIDEIL PHUIBLI DHEIRCIULA (FORALACHA SEALADACH), 1923.SPECIAL COMMITTEE ON THE PUBLIC CHARITABLE HOSPITALS (TEMPORARY PROVISIONS) BILL, 1923.TUARASGABHAIL AN CHOISTE.REPORT OF THE COMMITTEE.A.1. The Committee was set up by virtue of two resolutions passed by the Dáil on the 1st and 8th June, 1923, respectively. These resolutions are as follows :— “That the Order of the 11th May continuing the Third Stage of the Public Charitable Hospitals (Temporary Provisions) Bill, 1923, be discharged and that the Bill be referred to a Special Committee; that the Committee have power to examine witnesses in regard to the Bill and to send for papers and records.” “That the following Deputies be elected to act on Special Committee on the Public Charitable Hospitals (Temporary Provisions) Bill, 1923:—Deputy Pádraic O Máille (Chairman), Deputies Milroy, White, Sears, Hughes, Nagle, Corish, Thrift, Magennis and Duggan; that the quorum be four; and that the Special Committee report to the Dáil not later than the 4th August, 1923.” 2. The Committee held nine meetings. It was decided to take evidence bearing on two main points, viz. (1) the financial necessities of Hospitals, and (2) the proportion which the necessary expenses of running a Sweepstake bear to the total receipts in connection therewith. It was decided to circularise all the Dublin Hospitals, acquainting them of the enquiry and the willingness of the Committee to take evidence. It was also decided to seek evidence as to the Toome and other Sweeps. 3. Surgeon J. S. McArdle, M.Ch., F.R.C.S.I., and Sir Lambert Ormsby, M.D., F.R.C.S.I., gave evidence on behalf of the Hospitals. 4. Mr. D. J. O’Nolan (brother of the Very Rev. J. O’Nolan, P.P., V.F., Toome Bridge, Co. Antrim), who managed the three Toome Sweeps, Mr. C. McGrath (on behalf of Mr. P. L. Smyth), Mr. R. J. Duggan, and Alderman A. Byrne, T.D., appeared before the Committee to tender evidence as to the cost of running Sweepstakes. 5. The Committee took into consideration the following documents :— (1) Correspondence with the Very Rev. J. O’Nolan, P.P., V.F., dealing with (a) the Toome Sweeps and (b) the attitude of British Ministers towards Sweeps. (2) Accounts of the Toome Sweeps (Communicated by Mr. D. J. O’Nolan). (3) Accounts of Sweeps organised by Mr. P. L. Smyth. 6. The Committee agreed that the financial necessities of the Hospitals on whose behalf evidence was tendered could not be doubted. This evidence showed not merely that heavy expenses continued on these institutions, but that in many cases large debts weighed upon them. On the question of the cost of Sweepstakes the evidence pointed to forty per cent as the average proportion of necessary expenses to total receipts. The expenses were mainly accounted for under the headings of Prizes, Postage, Advertising, Printing, Wages, and Offices and Rent. In this connection it was noted that, in the cases of certain of the Sweeps, large numbers of letters were stopped by the British Postal Authorities. 7. The Committee, having concluded the examination of witnesses, took up the consideration of the Bill, to which amendments were made as hereinafter set out. B.1.—Section 1. To delete all the words after “Saorstát Eireann,” line 19, and to substitute the following :— “If it is proved to the satisfaction of the Minister for Home Affairs that the said Hospitals or Convalescent Homes do not charge in full for the medical or surgical treatment or other assistance rendered by them to the majority of their patients, and that there is no reasonable prospect of sufficient funds being obtained by subscriptions from the charitable public or voluntary organisations, or by payment from the State or local authorities to enable the provision of such treatment and assistance to be continued, and if a licence for the purpose is granted in accordance with this Act : Provided always that such Sweepstakes or Drawings of Prizes are so conducted that the money obtained by the sale of tickets for any such Sweepstake or Drawing of Prizes shall be distributed amongst these Hospitals or Convalescent Homes, subject to a deduction for necessary expenses of not more than forty per cent. of the money secured by the sale of tickets, always provided that an authorised audit of the accounts of the Sweepstake or Drawing of Prizes shall satisfy the Minister for Home Affairs that the amount so deducted is not an excessive amount to be so expended.” 2.—Section 2. To delete the Section and substitute the following new Section :— “Such Sweepstake or Drawing of Prizes shall be held carried on or conducted by a Committee on behalf of the particular Hospital or Convalescent Home for which the Sweepstake or Drawing is held, such Committee to be constituted as hereinafter set forth, provided that the consent of the Central Committee shall have been obtained to the holding of such Sweepstake or Drawing and that it is conducted in accordance with regulations approved by the Central Committee. The Central Committee shall be composed of three medical members from each province of Saorstát Eireann, such representatives on the Central Committee to be elected by the Members of the Governing Bodies of the various Hospitals and Convalescent Homes in their areas.” 3.—Section 3. To delete the Section and to substitute the following new Section :— “It shall not be lawful for any Committee conducting a Sweepstake or Drawing of Prizes to farm out or hand over for a money consideration the conducting of such Sweepstake or Drawing to a private individual or to private individuals.” 4.—Section 4. To delete the Section and substitute the following new Section :— “(1) Where any Charitable Hospital or Convalescent Home in Saorstát Eireann has secured permission from the Central Committee to hold a Sweepstake or Drawing of Prizes, such Sweepstake or Drawing of Prizes shall be held, carried on or conducted in the case of any Hospital or Convalescent Home, by a Committee, consisting of not less than six persons, nominated by the Governing Body of the Hospital or Convalescent Home for the benefit of which the said Sweepstake or Drawing of Prizes is to be carried on or conducted, and in the event of such Sweepstake or Drawing of Prizes being carried on or conducted for the benefit of more than one such institution it shall be carried on or conducted by a Committee consisting of at least three persons nominated by each of such institutions, and the proceeds of such Sweepstake or Drawing of Prizes shall be distributed between the institutions for the benefit of which it has been carried on in such shares or proportions as the said Committee shall determine with the approval of the Central Committee. (2) Every application made under this Section shall be in such form and shall give such information as to the purpose and proposed methods of conducting the Sweepstake or Drawing, and distributing the proceeds thereof, and otherwise as may be prescribed by regulations made by the Minister for Home Affairs. (3) Upon application being made in the prescribed manner the Minister for Home Affairs may, if he thinks fit, grant a licence, subject to the following condition, namely, that the whole amount of the prize money offered in the Sweepstake or Drawing shall be deposited immediately after the issue of the licence with three trustees approved by the Minister for Home Affairs.” 5.—Section 5. Before Section 5 to insert a new Section as follows :— “In the event of the Sweepstake or Drawing not being carried on in strict conformity with the proposals, as sanctioned by the Minister, and with the general requirements of the Act, it shall be deemed to be a Sweepstake or Drawing not authorised or protected by this Act, and each one of the Members of the local Committee conducting the Sweepstake or Drawing shall thereupon be deemed to be a person engaged in promoting an illegal Sweepstake or Drawing.” 6.—Before Section 5 to insert a further new Section as follows :— “It shall not be lawful to pay over to, or for the benefit of any Hospital or Convalescent Home, any share of the proceeds of any Sweepstake or Drawing of Prizes held under the provisions of this Act, unless such Hospital or Home before receiving such share shall have transmitted to the Minister for Home Affairs :— (a) A full audited statement of its financial position; and (b) A full audited statement of its income and expenditure for each of the three preceding calendar years. Both such statements shall be audited by an auditor appointed by the Minister for Home Affairs and the cost of such audit shall be defrayed out of the share of the proceeds to be distributed to such Hospital or Home. The Committee, and every member of the Committee, individually shall be bound to see that proper account is kept of all receipts and payments in connection with any Sweepstake or Drawing of Prizes held under the provisions of this Act. Before any distribution of proceeds is made, the accounts in connection therewith shall be submitted to and passed by an auditor appointed by the Minister for Home Affairs. The costs of such audit shall be defrayed out of the said proceeds.” 7.—Before Section 5 to insert a further new Section as follows :— “The provisions of this Act shall not apply to any Sweepstake or Drawing until the preliminary proposals for the said Sweepstake or Drawing shall have received the sanction of the Minister for Home Affairs in writing, and it shall be lawful for the Minister for Home Affairs to refuse such sanction until and unless he is satisfied :— (a) That the proposals are in conformity with the provisions of this Act; (b) that the proportion of the gross proceeds which will probably be devoted to expenses is not excessive; and (c) that every reasonable precaution is to be taken against fraud or negligence. In order to satisfy himself in these respects, the Minister may withhold his sanction until such information as he may require has been furnished.” 8.—Before Section 5 to insert a further new Section as follows :— “It shall not be lawful for any person in any speech, advertisement, or poster, or in any other public manner, to state or suggest that any Sweepstake or Drawing of Prizes held under the provisions of this Act is controlled, directed, or guaranteed by Government, or by any Minister, or by any Government Department, Branch or Official. The penalty for any such statement or suggestion shall be £100, which shall be recoverable summarily.” 9.—After Section 5 to insert a new Section as follows :— “This Act may be cited as the Public Charitable Hospitals (Temporary Provisions) Act, 1923.” 10.—Schedule. To delete the Schedule. 24adh Iúl, 1923. PADRAIC O MAILLE, Leas-Cheann Comhairle. |
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