Committee Reports::Report - Legitimacy Bill, 1929::03 December, 1930::Proceedings of the Joint Committee

IMEACHTA AN CHOISTE.

PROCEEDINGS OF THE COMMITTEE.

Dé Céadaoin, 3 Mí na Nodlag, 1930.

Wednesday, 3 December, 1930.

1. The Committee met at 11.30 a.m.


2. Present: Deputy Fahy (in the Chair), Deputies Bennett, Buckley, Little and Tae O’Mahony.


3. The Committee took the Bill into consideration.


(i) Section 1.


Amendment proposed (Deputy Bennett):


“In sub-section (1), page 2, line 16, to delete the word ‘happens’ and substitute the words ‘is the later.’”


Question put, and agreed to.


Amendment proposed (Deputy Bennett):


“In sub-section (2), page 2, to delete lines 18 and 19, and to substitute the words unless the father and mother of such person could have been lawfully married to one another at the time of birth of such person or at some time during the period of ten months preceding such birth.’”


Question put, and agreed to.


Amendment proposed (Deputy Bennett):


“In sub-section (4), page 2, line 26, to delete the word ‘legitimate’ and substitute the word ‘legitimated.’”


Question put, and agreed to.


Section 1, as amended, agreed to.


(ii) New section.


Amendment proposed (Deputy Bennett):


“Before section 2 to insert a new section as follows:—


‘2.—(1) A person claiming that he is or that any of his parents or remoter ancestors is or was a legitimated person, may, whether he is or is not domiciled in Saorstát Eireann and whether he is or is not a natural-born British subject within the meaning of the Legitimacy Declaration Act (Ireland), 1868, institute proceedings under that Act, and that Act shall apply accordingly.


(2) The Circuit Court shall have and may exercise jurisdiction in proceedings instituted by virtue of this section under the Legitimacy Declaration Act (Ireland), 1868, and section 25 and the provisoes to section 48 of the Courts of Justice Act, 1924 (No. 10 of 1924), shall apply in respect of all such proceedings.


(3) The jurisdiction conferred by this section on the Circuit Court shall be exercised by the Judge of that Court for the time being assigned to the Circuit in which the person instituting the proceedings is residing or, where such person does not reside in Saorstát Eireann, to the Circuit which includes the City of Dublin.’”


Question—“That the new section be there inserted”—put, and agreed to.


(iii) Section 2.


Question—“That the section stand part of the Bill”—put, and negatived.


(iv) Section 3.


Amendment proposed (Deputy Bennett):


“In sub-section (1), paragraph (c), page 3, line 1, to delete the words ‘entailed interest’ and to substitute the words ‘estate in tail.’”


Question put, and agreed to.


Amendment proposed (Deputy Bennett):


“In sub-section (3), page 3, line 18, to insert after the word ‘dignity’ the words ‘or title of honour.’”


Question put, and agreed to.


Section 3, as amended, agreed to.


(v) Sections 4 to 7 inclusive, agreed to.


(vi) Section 8.


Amendment proposed (Deputy Bennett):


“In page 4, to delete sub-section (3).”


Question put, and agreed to.


Section 8, as amended, agreed to.


(vii) Section 9.


Amendment proposed (Deputy Bennett):


“In sub-section (3), page 4, lines 34 and 35, to delete the words ‘any entailed interest in real or personal’ and substitute the words ‘an estate in tail in real.’”


Question put, and agreed to.


Section 9, as amended, agreed to.


(viii) Section 10.


Amendment proposed (Deputy Bennett):


“In page 4, to insert at the beginning of the section a new sub-section as follows:—


‘(1) Nothing in this Act shall affect the succession to any dignity or title of honour or render any person capable of succeeding to or transmitting a right to succeed to any such dignity or title.’”


Question put, and agreed to.


Section, as amended, agreed to.


(ix) Section 11 agreed to.


(x) Section 12.


Amendment proposed (Deputy Little):


“On page 4, lines 51-52, to delete the words and figures ‘31st day of July, 1930,’ and substitute ‘the first day of March, 1931.’”


Question put, and agreed to.


Section 12, as amended, agreed to.


(xi) Schedule.


Amendment proposed (Deputy Bennett):


“Clause 1, page 4, line 55, to delete the word ‘Registrar-General’ and substitute the words ‘Registrar-General of Births and Deaths in Ireland (in this Schedule referred to as the Registrar-General)’ and to delete the hyphen in the expression ‘Registrar-General’ wherever that expression occurs in the Schedule.”


Question put, and agreed to.


Amendment proposed (Deputy Bennett):


“In clause 1, page 4, line 58, after the word ‘Registration’ to insert in brackets the words ‘(Ireland).’”


Question put, and agreed to.


Amendment proposed (Deputy Bennett):


“In clause 1, page 5, line 8, after the word ‘Act’ to insert in brackets the word ‘(Ireland).’”


Question put, and agreed to.


Amendment proposed (Deputy Bennett):


“In clause 1, page 5, line 14, to delete the figure ‘1858’ and substitute the word and figures ‘(Ireland), 1868.’”


Question put, and agreed to.


Amendment proposed (Deputy Bennett):


“In clause 6, page 5, line 47, after the word ‘Registration’ to insert in brackets the word ‘(Ireland).’”


Question put, and agreed to.


Schedule, as amended, agreed to.


(xii) Title agreed to.


4. Draft Report brought in by the Chairman (Deputy Fahy) read a first and second time, and passed as follows:—


The Special Committee has gone through the Bill and has made amendments thereunto. The Bill, as amended, is reported to the Dáil.


Ordered: to report accordingly.


5. The Committee concluded its business at 12.30 p.m.