Committee Reports > List of Committees > Dáil > 1935 > Special Committee on Pigs and Bacon Bill, 1934 > Report and Proceedings - Pigs and Bacon Bill, 1934

IMEACHTA AN CHOISTE SPEISIALTA.

PROCEEDINGS OF THE SPECIAL COMMITTEE.

Dé Céadaoin, 10adh Abrán, 1935.

Wednesday, 10th April, 1935.

1. The Committee met at 10 a.m.

2. Present:—Deputy Moore (in the Chair), the Minister for Agriculture, Deputies Beegan, Belton, Dillon, Haslett, McGovern, B. Maguire, T. J. Murphy and Smith.

3. The Committee resumed consideration of the Bill.

(i) Section 40.

Question again proposed:—“That the section stand part of the Bill.”

Question put, and agreed to.

(ii) Sections 41 and 42 agreed to.

(iii) Section 43.

Amendment proposed (Minister for Agriculture):

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

‘(2) Before making on or after the date of the establishment of the Bacon Marketing Board regulations under the immediately preceding sub-section in relation to the matters mentioned in paragraph (a) of the said sub-section, the Minister shall consult the Bacon Marketing Board.’”

Question put, and agreed to.

Section, as amended, agreed to.

(iv) Section 44 agreed to.

(v) Section 45.

Amendment proposed (Minister for Agriculture):

“To delete paragraph (c).”

Question put, and agreed to.

Amendment proposed (Minister for Agriculture):

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

‘(2) Regulations for the packing of bacon shall not apply to bacon packed in hermetically sealed containers.’”

Question put, and agreed to.

Section, as amended, agreed to.

(iv) Section 46.

Amendment proposed (Minister for Agriculture):

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

‘(2) Regulations for the conveyance of bacon shall not apply to bacon packed in hermetically sealed containers.’”

Question put, and agreed to.

Section, as amended, agreed to.

(vii) Sections 47 to 54 inclusive, agreed to.

(viii) Section 55.

Amendment proposed (Deputy McGovern):

“In sub-section (1) (b) to delete paragraph (iii), page 28, and in sub-section (2) to delete paragraph (d).”

Amendment, by leave, withdrawn.

Section agreed to.

(ix) Sections 56 to 61 inclusive, agreed to.

(x) Section 62.

Amendment proposed (Minister for Agriculture):

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

‘(7) Before making on or after the date of the establishment of the Bacon Marketing Board, any regulations for the marketing of bacon by licensees the Minister shall consult the Bacon Marketing Board.’”

Question put, and agreed to.

Section, as amended, agreed to.

(xi) Section 63.

Amendment proposed (Minister for Agriculture):

“In sub-section (7), page 31, line 32, to insert after the word ‘making’ the words ‘on or after the date of the establishment of the Bacon Marketing Board’.”

Question put, and agreed to.

Section, as amended, agreed to.

(xii) Section 64.

Amendment proposed (Deputy Dillon):

“In sub-section (1), paragraph (c), to delete all the words after the words ‘first-mentioned premises’ in line 46.”

Question put, and agreed to.

Section, as amended, agreed to.

(xiii) New section.

Amendment proposed (Deputy Dillon):

“Before section 65 to insert a new section as follows:—

‘(1) On and after the appointed day the Minister may by order under this Act prohibit or restrict the exports of cold stored bacon from Saorstát Eireann by any licence.

(2) If any person exports bacon in contravention of this order the person exporting such bacon shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £100.’”

Amendment, by leave, withdrawn.

(xiv) Section 65.

Amendment proposed (Minister for Agriculture):

“To delete sub-section (1) and substitute the following sub-section:—

‘(1) On and after the appointed day it shall not be lawful for any person to export bacon from Saorstát Eireann unless—

Question put, and agreed to.

Amendment proposed (Deputy T. Murphy):

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

‘(3) The sending by a private person of a quantity of bacon not exceeding 7 lbs. in weight to any place outside Saorstát Eireann shall not be an offence under this Act if it can be shown to the satisfaction of the Court that no charge is made for the bacon so carried forward or consigned.’”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(xv) Section 66.

Amendment proposed (Minister for Agriculture):

“In sub-section (1), paragraph (a), page 32, line 10, to insert after the word ‘and’ the words ‘unless it is packed in hermetically sealed containers, with’.”

Question put, and agreed to.

Amendment proposed (Minister for Agriculture):

“In sub-section (1), paragraph (e), page 32, line 23, to insert after the word ‘shall’ the words ‘unless it is packed in hermetically sealed containers’.”

Question put, and agreed to.

Section, as amended, agreed to.

(xvi) Sections 67 to 72 inclusive, agreed to.

(xvii) Sections 73 to 153.

Consideration of the sections postponed.

(xviii) New section.

Amendment proposed (Deputy Belton):

“After section 153 to insert the following new section:—

PART V.

‘154.—(1) There shall be established in accordance with this Part of this Act a Joint Board (in this Act referred to as the Joint Board) to be styled and known as the Joint Pigs and Bacon Marketing Board, to fulfil certain functions of common concern to Pigs and Bacon Marketing Boards as hereinafter set out.

(2) The Joint Board shall consist of all members of the Pigs Marketing Board and all members of the Bacon Marketing Board which shall be known as the Constituent Boards.’”

Debate ensued.

4. The Committee adjourned at 12.40 p.m. until 6 p.m. to-day.

5. The Committee met again at 6 p.m.

6. Present: Deputy Moore (in the Chair), the Minister for Agriculture, Deputies Beegan, Belton, Dillon, Haslett, Keyes, McGovern, B. Maguire, T. J. Murphy, M. O’Reilly and Smith.

7. The Committee resumed consideration of the Bill.

(i) New section.

Debate was resumed on the following amendment proposed by Deputy Belton on this day:—

“After section 153 to insert the following new section:—

PART V.

‘154.—(1) There shall be established in accordance with this Part of this Act a Joint Board (in this Act referred to as the Joint Board) to be styled and known as the Joint Pigs and Bacon Marketing Board, to fulfil certain functions of common concern to Pigs and Bacon Marketing Boards as hereinafter set out.

(2) The Joint Board shall consist of all members of the Pigs Marketing Board and all members of the Bacon Marketing Board which shall be known as the Constituent Boards.’”

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

(ii) Sections 73 and 74 agreed to.

(iii) Section 75.

Amendment proposed (Minister for Agriculture):

“In sub-section (3), page 37, line 8, to delete the word ‘may’ and substitute the word ‘shall’.”

Question put, and agreed to.

Section, as amended, agreed to.

(iv) Section 76.

Amendment proposed (Minister for Agriculture):

“In sub-section (2), paragraph (b) clause (i), page 37, lines 39, 40 and 41, to delete the words ‘the period of twelve months ending immediately before the commencement of this Part of this Act’ and to substitute the words and figures ‘the year 1934’.”

Question put, and agreed to.

Section, as amended, agreed to.

(v) Section 77.

Amendment proposed (Deputy Dillon):

“In sub-section (2) (a) (i), line 28, after the words ‘such number’ to insert the words ‘of persons whose names appear upon the panel of large curers’.”

Amendment, by leave, withdrawn.

Section agreed to.

(vi) Section 78.

Amendment proposed (Deputy McGovern):

“To delete all after the word ‘meeting’ in line 43 to the end of the section.”

Amendment, by leave, withdrawn.

Section agreed to.

(vii) Section 79 agreed to.

(viii) Section 80.

Amendment proposed (Minister for Agriculture):

“In paragraph (g), page 40, line 56, to delete the words ‘at least two electors’ and to substitute the words ‘an elector’.”

Question put, and agreed to.

Section, as amended, agreed to.

(ix) Sections 81 and 82 agreed to.

(x) Section 83.

Amendment proposed (Deputy Dillon):

“In sub-section (2), line 11, after the words ‘absents himself’ to insert the words ‘without valid reason’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Dillon):

“In sub-section (2), line 12, to delete the words ‘he shall be disqualified from holding the office of’ and substitute therefor the words ‘he shall cease to be an’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xi) Section 84.

Amendment proposed (Deputy McGovern):

“In sub-section (1) to delete all after the word ‘there’ in line 20 to the end of the sub-section, and substitute therefor the following:—

‘Was a vote taken for the election of the member, whose death, resignation or disqualification caused the vacancy, the candidate who received the next largest number of votes; in any other case such person as he thinks proper to fill such vacancy.’”

Amendment, by leave, withdrawn.

Section agreed to.

(xii) Section 85 agreed to.

(xiii) Section 86.

Amendment proposed (Minister for Agriculture):

“In sub-section (2) to insert at the end of the sub-section the words ‘and different rates of remuneration may be appointed for ordinary members of the Board who are members of the Pigs Marketing Board and for other ordinary members of the Board’.”

Question put, and agreed to.

Section, as amended, agreed to.

(xiv) Section 87.

Amendment proposed (Minister for Agriculture):

“To delete sub-sections (2) and (3) and to insert the following new sub-sections:—

‘(2) The Board shall appoint, with the approval of the Minister, a person to be secretary of the Board who shall hold office upon such terms and conditions as the Board, with the approval of the Minister, shall determine.

(3) The Secretary of the Board shall be paid by the Board such remuneration and such allowances for expenses as the Board, with the consent of the Minister, shall from time to time appoint.’”

Question put, and agreed to.

Amendment proposed (Minister for Agriculture):

“In sub-section (4), page 43, line 3, to insert after the word ‘shall’ the word ‘also’.”

Question put, and agreed to.

Section, as amended, agreed to.

(xv) Sections 88 and 89 agreed to.

(xvi) Section 90.

Amendment proposed (Minister for Agriculture):

“To delete sub-section (2)”

Question put, and agreed to.

Amendment proposed (Minister for Agriculture):

“In sub-section (3), page 43, lines 37 and 38, to delete the words ‘Subject to any regulations made by the Minister under the immediately preceding sub-section’.”

Question put, and agreed to.

Amendment proposed (Minister for Agriculture):

“In sub-section (3), page 43, line 38, to insert after the word ‘regulate’ the words ‘with the approval of the Minister’.”

Question put, and agreed to.

Section, as amended, agreed to.

(xvii) Section 91 agreed to.

(xviii) Section 92.

Amendment proposed (Minister for Agriculture):

“In sub-section (2), page 44, to delete lines 26 and 27, and to substitute the following:—

Question put, and agreed to.

Amendment proposed (Minister for Agriculture):

“In sub-section (3), page 44, lines 29 and 30, to delete the said lines and substitute the words ‘the making of a production order or an allocation (production quota) order at a meeting’.”

Question put, and agreed to.

Amendment proposed (Deputy Dillon):

“In sub-section (3) (a), line 32, after the words ‘if no ordinary members’ to insert the words ‘or only one member’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Dillon):

“In sub-section (3) (b), line 37, to delete the words ‘if any ordinary members’ and substitute therefor the words ‘if more than one ordinary member’.”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Agriculture):

“In sub-section (3), page 44, to delete lines 50, 51, 52, 53, and 54.”

Question put, and agreed to.

Section, as amended, agreed to.

(xix) Sections 93 and 94 agreed to.

(xx) Section 95.

Amendment proposed (Deputy Dillon):

“In sub-section (2) at the end of the sub-section to add the following words:—‘and such report shall lie upon the Table of the House’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xxi) Section 96 agreed to.

(xxii) Section 97.

Amendment proposed (Minister for Agriculture):

“In sub-section (1), page 45, line 41, to delete the words ‘separate capital’.”

Question put, and agreed to.

Section, as amended, agreed to.

(xxiii) Section 98.

Amendment proposed (Minister for Agriculture):

“In sub-section (3), page 46, line 37, to delete the word ‘before’ and to substitute the words ‘at a meeting to be held on’.”

Question put, and agreed to.

Amendment proposed (Minister for Agriculture):

“To delete sub-section (5).”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(xxiv) Section 99.

Amendment proposed (Minister for Agriculture):

“In sub-section (3), paragraph (b), page 47, lines 18, 19 and 20, to delete the words ‘relates to the production quota in respect of the first production period’ and to substitute the words ‘is made during the year 1935 or the year 1936’.”

Question put, and agreed to.

Amendment proposed (Minister for Agriculture):

“In sub-section (3), paragraph (b), page 47, to delete lines 22 and 23, and to substitute the words ‘on the 31st day of December, 1934, and’.”

Question put, and agreed to.

Amendment proposed (Minister for Agriculture):

“In sub-section (3), paragraph (c), page 47, in lines 25, 26 and 27, to delete the words ‘subsequent production period the quantity of bacon produced at such premises during’ and to substitute the words ‘production period commencing on or after the 1st day of January, 1937, the quantity of bacon allotted to such licensed premises under allocation (production quota) orders in respect of the production periods corresponding as nearly as possible to”, and in line 28 to insert after the word ‘such’ the words ‘first-mentioned’.”

Question put, and agreed to.

Amendment proposed (Deputy Dillon):

“In sub-section (3), paragraph (c), at the end of the paragraph, to insert the following words:—‘And to any abnormal circumstance which may have had a direct effect upon this quantity’.”

Question put: the Committee divided: For, 3; Against, 7.

For:—Deputies Dillon, Haslett and McGovern.

Against:—Deputies Beegan, Keyes, B. Maguire, Moore, T. J. Murphy, M. O’Reilly and Smith.

The Question was declared negatived accordingly.

Amendment proposed (Deputy Dillon):

“In sub-section (5), at the end of the section, to insert the following words:—‘but such decrease or increase will not be deemed to have taken place for the purposes of sub-section (3), paragraph (c), of this section’.”

Amendment, by leave, withdrawn.

Question—“That the section, as amended, stand part of the Bill”— put: the Committee divided: For, 9; Against, 3.

For:—Deputies Beegan, Belton, Haslett, McGovern, B. Maguire, Moore, M. O’Reilly, Smith and the Minister for Agriculture.

Against:—Deputies Dillon, Keyes, and T. J. Murphy.

The question was declared carried accordingly.

(xxv) Section 100.

Amendment proposed (Deputy Dillon):

“In paragraph (b), line 55, to insert after the words ‘less than ninety-five per cent.’ the words ‘or more than ten per cent.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Dillon):

“To add at the end a new sub-section as follows:—

‘Where a licensee notifies the Bacon Marketing Board of his inability to secure adequate supplies of pigs wherewith to fulfil the terms of the production notice served upon him and the Board has failed to make available the requisite supplies of pigs, such notification shall be a good defence to any proceedings brought against the licensee under this section’.”

Question put: the Committee divided: For, 3; Against, 9.

For:—Deputies Dillon, Haslett and McGovern.

Against:—Deputies Beegan, Belton, Keyes, B. Maguire, Moore, T. J. Murphy, M. O’Reilly, Smith and the Minister for Agriculture.

The Question was declared negatived accordingly.

Section agreed to.

(xxvi) New sections.

Amendment proposed (Minister for Agriculture):

“Before section 101 to insert a new section as follows:—

‘101.—Where—

such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight which the amount of bacon produced at such premises during such production period exceeds the production sub-quota for such premises in respect of such period.’”

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

Amendment proposed (Minister for Agriculture):

“Before section 101 to insert a new section as follows:—

‘101.—The Board may whenever and so often as they think it proper so to do, by order (in this Part of this Act referred to as a home-sales order)—

Debate ensued.

8. The Committee adjourned at 8 p.m. until 3.30 p.m. to-morrow.