Committee Reports::Report - Moneylenders Bill, 1929 together with the proceedings of the Special Committee ::01 December, 1932::Proceedings of the Joint Committee

IMEACHTA AN CHOISTE SPEISIALTA.

PROCEEDINGS OF THE SPECIAL COMMITTEE.

Déardaoin, 1 Mí na Nodlag, 1932.

Thursday, 1 December, 1932.

1. The Committee met at 4.30 p.m.


2. Present:—Deputy Briscoe (in the Chair), Conlon, Cooney, Curran, Doyle, Fitzgerald-Kenney, Kennedy, Little and the Minister for Justice.


3. The Committee resumed consideration of the Bill.


(i) Section 1.


Amendment proposed (Deputy Little):


“In page 2, sub-section (1), line 16, to delete the word ‘December’ and substitute the word ‘July.’”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“In page 2, sub-section (1), lines 21 and 22, to delete the word and figures ‘December, 1932,’ and substitute the word and figures ‘July, 1934.’”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“In page 2, sub-section (1), to delete paragraphs (b) and (c).”


Question put, and agreed to.


Section 1, as amended, agreed to.


(ii) Section 2.


Amendment proposed (Deputy Little):


“In page 3, sub-section (1), line 34, at the commencement of the sub-section, to insert the words ‘Subject to the provisions of this section.’”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“In page 4, sub-section (4), line 3, to delete the word ‘December’ and substitute the word ‘July.’”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“In page 4, before sub-section (6), to insert a new sub-section as follows:—


‘(6) Every rule made by the Minister for Justice under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which such House has sat after the rule is laid before it annulling such rule, such rule shall be annulled accordingly, but without prejudice to the validity of anything previously done under such rule.’”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“In page 4, sub-section (6), before paragraph (f), to insert a new paragraph as follows:—‘(f) that the applicant is a company which has not been registered in Saorstát Eireann.’”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“In page 4, sub-section (6) to delete paragraph (f) and to substitute as follows:—‘that the applicant, not being a company, has not ordinarily resided in Saorstát Eireann for at least twelve months before making the application.’”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“In page 4, sub-section (6) to delete paragraph (i.)”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“In page 4, sub-section (7) to delete line 38 and substitute the words ‘A superintendent of the Gárda Síochána of, or any resident in, the District Court area.’”


Question put, and agreed to.


Amendment proposed (Deputy Little)


“In page 4, sub-section (8), line 47, to add at the end of the sub-section the words ‘and the decision of such Judge shall be final and not appealable.’”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“At the end of the section to add a new sub-section as follows:—


‘Whenever an application for a certificate is refused and an appeal from such refusal is lodged, then if the applicant was at the time of making the application the holder of a moneylender’s excise licence, the Revenue Commissioners may, without payment of any duty, but subject to such conditions as they may think fit to impose, issue to such applicant a temporary licence for such period not extending beyond the expiration of seven days after the decision of such appeal as they may think fit, and every such temporary licence shall while it remains in force be a moneylenders’ excise licence within the meaning of this Act.’”


Section 2, as amended, agreed to.


(iii) Section 3 agreed to.


(iv) Section 4.


Amendment proposed (Deputy Little):


“In page 5, sub-section (1), line 30, to delete all words from and including the word ‘notwithstanding’ to the end of the sub-section.”


Question put, and agreed to.


Section 4, as amended, agreed to.


(v) Section 5 agreed to.


(vi) Section 6.


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


(vii) Section 7 agreed to.


(viii) Section 8.


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


(ix) Section 9.


Amendment proposed (Deputy Little)


“In page 7, line 45, to delete the words ‘Subject as hereinafter provided.’”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“In page 7, lines 51 to 59, to delete the paragraph commencing with the word ‘Provided’ and ending with the word ‘loan.’”


Question put, and agreed to.


Section 9, as amended, agreed to.


(x) Section 10 agreed to.


(xi) Section 11.


Amendment proposed (Deputy Little):


“In page 8, sub-section (2), in line 43 to insert after the word Proof,’ the words ‘or admission.’”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“In page 8, lines 45 and 46, to delete the words ‘the affidavit verifying the debt is accompanied by’ and substitute the words ‘there is lodged in the Court by the moneylender.’”


Question put, and agreed to.


Amendment proposed (Deputy Little):


“In page 9, sub-section (3), in lines 1 and 2 to delete the words General rules may be made under this Act by the Minister for Justice for the purpose of’ and substitute the words ‘Rules of Court may provide for.’”


Question put, and agreed to.


Section 11, as amended, agreed to.


4. The Committee adjourned at 6.30 p.m. until Tuesday, 6th December, at 4 p.m.