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IMEACHTA AN ROGHA-CHOISTE.PROCEEDINGS OF THE SELECT COMMITTEE.Dé Céadaoin, 16 Mí na Nodlag, 1931.Wednesday, 16 December, 1931.1. The Select Committee met at 11 a.m. 2. Present: Deputy J. T. Wolfe (in the Chair), Deputies Briscoe, Conlon, Cooney and G. Wolfe. 3. The Select Committee took up consideration of the Bill. (i) Section 1. Amendment proposed (Deputy Briscoe): “In section 1, line 16, delete the word ‘July’ and substitute therefor the word ‘December.’” Question put, and agreed to. Amendment proposed (Deputy G. Wolfe): “In section 1, lines 18 and 19, delete all words from the words ‘of fifteen pounds’ to the words ‘of ten pounds’ inclusive, and substitute therefor the words ‘of the amount required by law for the time being.’” Question put, and agreed to. Amendment proposed (Deputy Briscoe): “In section 1, line 22, delete the word and figures ‘July, 1931,’ and substitute therefor the word and figures ‘December, 1932.’” Question put, and agreed to. Amendment proposed (Deputy G. Wolfe): “In section 1, line 25, delete the words ‘a duty of ten pounds,’ and substitute the words ‘such duty as may be fixed by law for the time being in respect of moneylenders’ licences taken out not more than six months before the expiration thereof.’” Question put, and agreed to. Amendment proposed (Deputy Briscoe): “To insert in section 1 (1) a proviso after proviso (a) to read as follows:— (b) Where moneylenders’ excise licences are taken out by two or more moneylenders in respect of any address or addresses at which they carry on their business as partners in a firm, the Revenue Commissioners shall remit, or if the duty has been paid repay, to the firm a sum equal to the aggregate of the duties charged on such number of the licences taken out as exceeds the number of the addresses in respect of which they are taken out; and’” Question put, and agreed to. Amendment proposed (Deputy G. Wolfe): “In section 1 (2), line 50, to add the sentence: ‘For the purpose of this sub-section the true name of a limited liability company shall be that under which it was incorporated.’” Question put, and agreed to. Amendment proposed (Deputy Briscoe): “In section 1 (3), line 12, page 3, to delete the words ‘an excise penalty’ and substitute therefor the words ‘a fine not exceeding the sum’.” Question put, and agreed to. Amendment proposed (Deputy Briscoe): “In section 1 (3), line 20, page 3, to delete the words ‘an excise penalty’ and substitute therefor the words ‘a fine not exceeding the sum’.” Question put, and agreed to. Section 1, as amended, agreed to. (ii) Section 2. Amendment proposed (Deputy Conlon): “In section 2 (2), line 28, delete the words ‘District Justice’ and substitute the words ‘Justice of the District Court’.” Question put, and agreed to. Amendment proposed (Deputy Briscoe): “In section 2 (4), line 52, delete the word ‘July’ and substitute the word ‘December’.” Question put, and agreed to. Amendment proposed (Deputy G. Wolfe): “In section 2, sub-section 6, to add at the end:— ‘(e) that the applicant has failed to satisfy the Court that he is a person of financial stability; (f) that the applicant has not twelve months’ residence in Saorstát Eireann; (g) that the applicant is the holder of a bookmaker’s licence; (h) that the applicant is the holder of a licence for the sale of intoxicating liquor.’” Question put, and agreed to. Amendment proposed (Deputy Conlon): “In section 2, sub-section 6, to add an additional ground for refusal as follows:— ‘(i) that the applicant had not attained the age of 15 years on 31st December, 1931 and that satisfactory evidence has not been produced that such applicant possesses a competent knowledge of the Irish language.’” Question put, and agreed to. Amendment proposed (Deputy G. Wolfe): “Section 2, to add a new sub-section after sub-section (6) to read as follows:— ‘The Superintendent of the Gárda Síochána for the district in which an application for a certificate is made shall have the right to appear in Court and oppose the granting of a certificate on any one or more of the grounds mentioned in the last preceding sub-section, and to be heard and to call witnesses in support of his objection.’” Question put, and agreed to. Amendment proposed (Deputy Conlon): “In section 2, sub-section 7, line 13, insert before the words ‘District Court’ the words ‘a Justice of the’.” Question put, and agreed to. Section 2, as amended, agreed to. (iii) Sections 3 and 4 agreed to. (iv) Section 5. Amendment proposed (Deputy Cooney): “In section 5 (1), line 31, to insert after the word ‘person’ the words ‘in Saorstát Eireann’.” Question put, and agreed to. Amendment proposed (Deputy Cooney): “In section 5 (1), after line 40, to insert the following:— ‘Provided that a business card in conformity with the requirements of this Act relating to the use of names on moneylenders’ documents may be sent out by post if it contains no addition to the particulars necessary to comply with the said requirements, except any of the following particulars, that is to say, any authorised address at which he carries on business as a moneylender and the telegraphic address and telephone number thereof, any address at which he formerly carried on business, a statement that he lends money with or without security, and of the highest and lowest sums that he is prepared to lend, and a statement of the date on which the business carried on by him was first established.’” Question put, and agreed to. Section 5, as amended, agreed to. (v) Section 6. Amendment proposed (Deputy Briscoe): “In section 6, sub-section (1), to add at the end the words ‘and void and any judgment recovered thereon outside the jurisdiction of Saorstát Eireann shall not be enforceable within the jurisdiction of Saorstát Eireann either by action or in any other manner.’” Question put, and agreed to. Section 6, as amended, agreed to. (vi) Section 7. Amendment proposed (Deputy Briscoe): “In section 7, line 46, delete the words ‘living with’ and substitute therefor the words ‘totally dependent on’.” Question put, and agreed to. Section 7, as amended, agreed to. (vii) Section 8. Amendment proposed (Deputy Briscoe): To add a new section before section 8 as follows:— ‘A sale of goods shall not be made the subject of a moneylending contract or portion of a moneylending contract, and any such transaction shall be illegal and void.’” Question:—“That the new section be there inserted”—put, and agreed to. Section 8 agreed to. (viii) Sections 9 and 10 agreed to. (ix) Section 11. Amendment proposed (Deputy Briscoe): “In the section 11, line 21, delete the word ‘twenty’ and substitute therefor the words ‘thirty-nine’.” Question put, and agreed to. Amendment proposed (Deputy Briscoe): “In section 11, line 23, delete all words after the word ‘shall’ to the end of sub-section (1) and substitute therefor the words ‘regard the transaction as null and void.’” Question put, and agreed to. Amendment proposed (Deputy Briscoe): “To delete sub-sections (2), (3), (4) and (5).” Question put, and agreed to. Section 11, as amended, agreed to. (x) Section 12 agreed to. (xi) Section 13. Amendment proposed (Deputy Briscoe): “In section 13, lines 11 and 12, delete the words ‘twelve months’ and substitute the words ‘three years’.” Question put, and agreed to. Section 13, as amended, agreed to. (xii) Section 14 agreed to. (xiii) Section 15. Amendment proposed (Deputy Cooney): “To add a new section before section 15 as follows:— ‘No person to whom a moneylenders’ licence has been granted shall carry on business, either at his authorised address or elsewhere on Sunday, Christmas Day, Good Friday or Saint Patrick’s Day, and any moneylender who acts in contravention of this section shall be liable on summary conviction to a fine not exceeding twenty pounds in respect of each offence.’” Question:—“That the new section be there inserted”—put and agreed to. Section 15 agreed to. (xiv) Sections 16 to 19 agreed to. (xv) First Schedule agreed to. (xvi) Second Schedule. Amendment proposed (Deputy Briscoe): “To include section 1 of the Moneylenders Act, 1900, in the enactments repealed.” Question put, and agreed to. Second Schedule, as amended, agreed to. (xvii) Title agreed to. 4. Draft Report of the Chairman brought forward, read and passed as follows:— “The Select 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 Select Committee concluded its business at 6 p.m. |
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