Committee Reports::Report and Proceedings - Pigs and Bacon Bill, 1934::11 April, 1935::Proceedings of the Joint Committee

IMEACHTA AN CHOISTE SPEISIALTA.

PROCEEDINGS OF THE SPECIAL COMMITTEE.

Déardaoin, 11adh Abrán, 1935.

Thursday, 11th April, 1935.

1. The Committee met at 3.30 p.m.


2. Present:—Deputy Moore (in the Chair), the Minister for Agriculture, Deputies Beegan, Belton, Dillon, Haslett, Keyes, McGovern, B. Maguire, M. O’Reilly and Smith.


3. The Committee resumed consideration of the Bill.


(i) New section.


Debate was resumed on the following amendment proposed by the Minister for Agriculture on the 10th April:—


“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)—


(a) appoint a specified period to be a sale period for the purposes of such order, and


(b) appoint a specified quantity of bacon to be the sales quota in respect of such period.”’


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


(ii) Section 101.


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


(iii) Sections 102 and 103 agreed to.


(iv) Section 104.


Amendment proposed (Minister for Agriculture):


“In sub-section (1), paragraph (a) page 48, line 63, to insert after the word ‘period’ the following:—‘(other than bacon produced in and exported from such licensed premises during such period)’.”


Question put, and agreed to.


Amendment proposed (Minister for Agriculture):


“In sub-section (1), paragraph (b), page 49, line 4, to insert after the word ‘period’ the following:—‘ (other than bacon produced in and exported from such licensed premises during such period)’.”


Question put, and agreed to.


Amendment proposed (Deputy Dillon):


“In sub-section (1), after paragraph (b), to insert a new paragraph as follows:—


‘where a cold storage order under this sub-section operates to compel a small curer to cold store less than 20 cwts. of bacon such order shall be deemed to have no effect in so far as it applies to such small curer.”’


Amendment, by leave, withdrawn.


Section, as amended, agreed to.


(v) Section 105.


Amendment proposed (Deputy Dillon):


“Before sub-section (2) to insert a new sub-section as follows:—


‘In the event of the Board consenting to the removal of a percentage of bacon which has been placed in cold store by any licensee the Board shall consent to the removal of a similar percentage by every other licensee of the bacon which such other licensee has placed in cold store in pursuance of a cold storage order.”’


Amendment, by leave, withdrawn.


Section agreed to.


(vi) Section 106.


Amendment proposed (Minister for Agriculture):


“In sub-section (1), page 49, line 33, to delete the word ‘section’ and substitute the words ‘Part of this Act’.”


Question put, and agreed to.


Amendment proposed (Deputy Dillon):


“In sub-section (1), lines 34 and 35, to delete the words ‘at such price as may be specified in such order’ and substitute therefor the words ‘at a fair price to be specified in such order’.”


Question put: the Committee divided: For, 2; Against, 7.


For:—Deputies Dillon and McGovern.


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


The question was declared negatived accordingly.


Section, as amended, agreed to.


(vii) Section 107 agreed to.


(viii) Section 108.


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


(ix) Section 109.


Amendment proposed (Minister for Agriculture):


“In paragraph (b), page 50, line 23, to insert after the word ‘bacon’ the words ‘and the preparation and utilisation of by-products’.”


Question put, and agreed to.


Section, as amended, agreed to.


(x) Section 110 agreed to.


(xi) Section 111.


Amendment proposed (Deputy Dillon):


“In sub-section (1), line 36, to delete the words ‘half year’ and substitute therefor the words ‘calendar month’.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Dillon):


“In sub-section (6), line 7, to delete the word ‘conclusive’ and to substitute therefor the words ‘prima facie’.”


Question put, and agreed to.


Section, as amended, agreed to.


(xii) Section 112.


Amendment proposed (Minister for Agriculture):


“In sub-section (1), paragraph (a), page 51, line 39, to insert after the word ‘returns’ the following ‘(including returns in relation to any period or periods commencing before the date of such regulations, but not earlier than the 1st day of January, 1934)’.”


Question put, and agreed to.


Section, as amended, agreed to.


(xiii) Sections 113, 114 and 115 agreed to.


(xiv) Section 116.


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


(xv) Section 117 agreed to.


(xvi) Section 118.


Consideration of the section postponed.


(xvii) Section 119 agreed to.


(xviii) New section.


Amendment proposed (Deputy McGovern):


“Before section 120 to insert a new section as follows:—


‘The Minister shall divide the area of Saorstát Eireann by counties into three areas to be known as pig-producing areas; each area shall consist of a number of adjacent counties so grouped that the aggregate number of pigs produced in each area during the three years 1932, 1933 and 1934, shall be approximately one-third of the total number of pigs produced in Saorstát Eireann during the same period.”’


Amendment, by leave, withdrawn.


(xix) Section 120.


Amendment proposed (Deputy Belton):


“In sub-section (1), line 46, to delete the word ‘three’ and substitute the word ‘one’ and in line 47 to delete the word ‘elected’ and substitute the word ‘nominated,’ and in line 48 to delete the word ‘three’ and substitute the word ‘six,’ and in lines 49 and 50 to delete the word ‘nominated’ and substitute the word ‘elected’.”


Question put: the Committee divided: For, 4; Against, 6.


For:—Deputies Beegan, Belton, Haslett and McGovern.


Against:—Deputies Dillon, B. Maguire, Moore, M. O’Reilly, Smith and the Minister for Agriculture.


The Question was declared negatived accordingly.


Amendment proposed (Deputy Dillon):


“In sub-section (1), line 48, after the words ‘Bacon Marketing Board’ to insert the words ‘one member shall be elected by the pig dealers ordinarily resident in Saorstát Eireann’.”


Amendment, by leave, withdrawn.


Section agreed to.


(xx) Section 118 agreed to.


(xxi) Section 121 to 127, inclusive, agreed to.


(xxii) Section 128.


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 Bacon Marketing Board and for other ordinary members of the Board’.”


Question put, and agreed to.


Section, as amended, agreed to.


(xxiii) Section 129.


Amendment proposed (Deputy Belton):


“In sub-section (2), line 25, to delete the word ‘Minister’ and substitute the word ‘Board’ and after the word ‘person’ in line 27 to insert the words ‘with the approval of the Minister’.”


Amendment, by leave, withdrawn.


Section agreed to.


(xxiv) Section 130 and 131 agreed to.


(xxv) Section 132.


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 56, lines 10 and 11, 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 56, line 11, to insert after the word ‘regulate’ the words ‘with the approval of the Minister’.”


Question put, and agreed to.


Section, as amended, agreed to.


(xxvi) Section 133 agreed to.


(xxvii) Section 134.


Amendment proposed (Minister for Agriculture):


“In sub-section (2), page 56, lines 30 and 31, to delete the words ‘an order amending a price order, or a freight allowance order’ and to substitute the words ‘a freight allowance order, a buying allowance order, or an order amending a price order, a freight allowance order or a buying allowance order’.”


Question put, and agreed to.


Amendment proposed (Deputy McGovern):


“At the end of the section to add the following sub-section:—


‘(3) Provided always that the Board in making a price order or an order amending a price order shall have regard to the cost of production of pigs and pay particular attention to the representations of the members representing the pig producing areas on the Board, and fix a price that will make the conditions of the workers in pig production no less favourable than the conditions of workers in bacon curing factories.”’


Amendment, by leave, withdrawn.


Section, as amended, agreed to.


(xxviii) Sections 135 to 138, inclusive, agreed to.


(xxix) Section 139.


Amendment proposed (Minister for Agriculture):


“In sub-section (1), page 57, line 40, to delete the words ‘separate capital’.”


Question put, and agreed to.


Section, as amended, agreed to.


(xxx) Section 140.


Amendment proposed (Minister for Agriculture):


“In sub-section (1), page 58, line 13, to delete the words ‘three months’ and to substitute the words ‘one month’.”


Question put, and agreed to.


Amendment proposed (Deputy McGovern):


“In lines 28 and 29 to delete the words ‘not later than one month’ and substitute therefor the words ‘not sooner than six months’.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Dillon):


“In sub-section (1), paragraph (e), line 34, after the words ‘per hundredweight’ to insert the words ‘dead weight’.”


Question put, and negatived.


Amendment proposed (Minister for Agriculture):


“In sub-section (3), page 59, line 17, to delete the word ‘before’ and substitute the words ‘at a meeting to be held on’.”


Question put, and agreed to.


Amendment proposed (Deputy Dillon):


“In sub-section (4) after the words ‘price order’ to insert the words ‘such amendment to have effect not sooner than seven days after its publication in Iris Oifigiúil as provided in sub-section (5)’.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Dillon):


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


‘(6) (a) When the Board proceeds to fix the price of nonfactory-purchased and factory-purchased pigs under paragraphs (e) and (f) of sub-section (1) of this section it shall have regard to the costs of production, i.e., labour, rates on agricultural land and buildings, feeding stuffs, pig mortality and disease, interest on capital invested and depreciation of equipment and shall set out in the Iris Oifigiúil in the price order therein published detailed particulars of the above-mentioned costs of production;


(b) The item “labour” referred to in paragraph (a) of this sub-section shall be set out in terms of hours per diem to be worked and rate per hour to be paid;


(c) The item “feeding stuffs” referred to in paragraph (a) of this sub-section shall be set out in terms of proportions of named ingredients to be fixed by the Minister for Agriculture and to be known as the “Standard Pig Ration”.”’


Amendment, by leave, withdrawn.


Section, as amended, agreed to.


(xxxi) Section 141.


Amendment proposed (Minister for Agriculture):


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


‘(3) In, this Part of this Act, the expression ‘the freight allowance’ means in relation to a pig or carcase sold in a particular sale area, the sum for the time being fixed by an order under this section as the freight allowance in respect of a pig or carcase sold in such area.”’


Question put, and agreed to.


Section, as amended, agreed to.


(xxxii) New section.


Amendment proposed (Minister for Agriculture):


“To insert before section 142 a new section as follows:—


‘142.—(1) The Board shall, at the meeting at which it makes the first price order, make an order (in this Part of this Act referred to as a buying allowance order) fixing the sum which is to be the buying allowance in respect of each pig or carcase sold.


(2) The Board may at any time by order under this sub-section amend the order made under the immediately preceding sub-section or any order made under this sub-section.


(3) In this Part of this Act the expression ‘the buying allowance’ means in relation to any pig or carcase, the sum for the time being fixed by order under this section as the buying allowance.”’


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


(xxxiii) Section 142.


Question—“That the section stand part of the Bill”—put: the Committee divided: For, 8; Against, 2.


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


Against:—Deputies Dillon and McGovern.


The Question was declared carried accordingly.


(xxxiv) Section 143.


Amendment proposed (Minister for Agriculture):


“In sub-section (1), paragraph (a), page 59, to insert at the end of the paragraph the words ‘the freight allowance, and the buying allowance’.”


Question put, and agreed to.


Amendment proposed (Minister for Agriculture):


“In sub-section (1), paragraph (c), page 60, line 13, to insert after the word ‘amount’ the words ‘the freight allowance, and the buying allowance’.”


Question put, and agreed to.


Amendment proposed (Minister for Agriculture):


“In sub-section (1), paragraph (c), page 60, line 19, to insert after the word ‘amount’ the words ‘the freight allowance, and the buying allowance’.”


Question put, and agreed to.


Amendment proposed (Minister for Agriculture):


“In sub-section (2), page 60, to delete in line 21 the words ‘in a particular sale area’.”


Question put, and agreed to.


Amendment proposed (Minister for Agriculture):


“In sub-section (2), page 60, to delete paragraph (a).”


Question put, and agreed to.


Amendment proposed (Minister for Agriculture):


“In sub-section (2), paragraph (b), page 60, line 33, to delete the words ‘under the provisions’ and to substitute the words ‘by the Minister under the provisions of Part II’.”


Question put, and agreed to.


Amendment proposed (Deputy McGovern):


“In sub-section (2) to delete clause (f).”


Amendment, by leave, withdrawn.


Section, as amended, agreed to.


(xxxv) Section 144 agreed to.


(xxxvi) New section.


Amendment proposed (Minister for Agriculture):


“Before section 145 to insert a new section as follows:—


‘145.—(1) Whenever the Board is of opinion that the number of pigs available for the production of bacon is in excess of the requirements of the bacon trade, the Board may purchase pigs.


(2) Where the Board purchases any pigs under this section, the Board may do all or any of the following things—


(a) cause such pigs or any of them to be slaughtered and cured by a licensee on behalf of the Board and cause the bacon derived therefrom to be sold or to to put in a cold store;


(b) cause any bacon placed in a cold store under paragraph (a) of this sub-section to be sold on behalf of the Board;


(c) cause such pigs or any of them to be exported;


(d) cause such pigs or any of them to be slaughtered and either sold as dressed pork or subject to the provisions of the Agricultural Produce (Fresh Meat) Acts, 1930 and 1931, exported as dressed pork.


(3) Bacon produced by a licensee on behalf of the Board under this section shall for the purposes of Part III of this Act and this Part of this Act be deemed to have been produced by the Board and not by such licensee, and the provisions of Part III of this Act relating to levy in respect of carcases used for production of bacon and the provisions of this Part of this Act relating to levy payable by licensees to the Pigs Marketing Board shall not apply in relation to carcases used for the production of such bacon.”’


Amendment proposed to the proposed new section (Deputy Dillon):


“In sub-section (2), paragraph (a), to add the words ‘and the Board shall pay to such licensee a fair fee in respect of the work carried out in accordance with this section’.”


Amendment, by leave, withdrawn.


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


(xxxvii) Section 145.


Amendment proposed (Deputy McGovern):


“In sub-section (1), line 21, to delete the words ‘lower or’.”


Amendment, by leave, withdrawn.


Amendment proposed (Minister for Agriculture):


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


‘(5) Where the Board are authorised under any of the following provisions of this section, namely, paragraph (c) of sub-section (1), paragraph (c) of sub-section (2), paragraph (c) of sub-section (3) and paragraph (c) of sub-section (4), to pay a sum in respect of any pig or carcase the Board may, with the consent of the Minister, pay different sums in respect of a pig or carcase, the bacon derived from which is exported, and in respect of a pig or carcase, the bacon derived from which is not exported.”’


Question put, and agreed to.


Section, as amended, agreed to.


(xxxviii) Section 146 agreed to.


(xxxix) Section 147.


Amendment proposed (Minister for Agriculture):


“In sub-section (1), page 63, to delete all words from and including the words ‘and to’ in line 60 to the end of the sub-section.”


Question put, and agreed to.


Section, as amended, agreed to.


(xl) Section 148 agreed to.


(xli) Section 149.


Amendment proposed (Minister for Agriculture):


“In sub-section (1), paragraph (a), page 65, line 6, to insert after the word ‘returns’ the following:—‘(including returns in relation to any period or periods commencing before the date of such regulations, but not earlier than the 1st day of January, 1934)’.”


Question put, and agreed to.


Section, as amended, agreed to.


(xlii) Sections 150, 151 and 152 agreed to.


(xliii) Section 153.


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


(xliv) Title agreed to.


4. Draft Report brought in by the Chairman (Deputy Moore) 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 7.20 p.m.