Committee Reports::Report and Proceedings - Defence Bill, 1951::01 April, 1952::Proceedings of the Joint Committee

IMEACHTA AN CHOISTE SPEISIALTA.

THE PROCEEDINGS OF THE SPECIAL COMMITTEE.

Dé Máirt, 1ú Aibreán, 1952.

Tuesday, 1st April, 1952.

1. The Committee met at 4 p.m.


2. Members Present.


The following members were present:—


Deputy V. de Valera (in the Chair), the Minister for Defence, Deputies Brennan, Carter, Colley, S. Collins, Cowan, Davern, Hilliard and MacBride.


3. Consideration of Bill.


The Committee resumed consideration of the Bill.


(i) Section 105.


Amendment proposed (Deputy S. Collins):


“In paragraph (b) to delete all words after ‘Force’ in line 19 to the end of the paragraph and substitute ‘and’.”


Amendment, by leave, withdrawn.


Section agreed to.


(ii) Sections 106 and 107 agreed to.


(iii) Section 108.


Amendment proposed (Deputy Cowan):


“In subsection (3) to delete paragraph (a).”


Question put, and agreed to.


Amendment proposed (Deputy Cowan):


“To delete subsection (4).”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (4) to delete all words after ‘thereof’ in line 37, to end of subsection and substitute ‘to a fine of five pounds’.”


Amendment, by leave, withdrawn.


Section, as amended, agreed to


(iv) New section.


Amendment proposed (Deputy Cowan):


“Before section 109 to insert a new section as follows:—


‘Where a person is convicted or acquitted by a court-martial in pursuance of this Act for an offence such person shall not be subsequently tried by a civil court for the same offence.’”


Amendment, by leave, withdrawn.


(v) Sections 109 to 112 inclusive, agreed to.


(vi) Section 113.


Amendment proposed (Deputy Cowan):


“In subsection (1), line 4, before ‘he’ to insert ‘or by the Minister or any official of the Department of Defence.’”


Debate ensued.


Further consideration of the Bill adjourned.


4. Ordered: That the Committee do adjourn from 6.10 p.m. to 7.30 p.m.


5. The Committee met again at 7.30 p.m.


6. Members Present.


The following members were present:—


Deputy V. de Valera (in the Chair), the Minister for Defence, Deputies Brennan, Carter, Colley, Cowan, Davern, Gallagher and Hilliard.


7. Consideration of Bill.


The Committee resumed consideration of the Bill.


(i) Section 113.


Debate was resumed on the following amendment proposed by Deputy Cowan today:—


“In subsection (1), line 4, before ‘he’ to insert ‘or by the Minister or any official of the Department of Defence.’”


Question put: the Committee divided: For, 1; Against, 7.


For:—Deputy Cowan.


Against:—Minister for Defence, Deputies Brennan, Carter, Colley, Davern, Gallagher and Hilliard.


The Question was declared negatived accordingly.


Amendment proposed (Deputy Cowan):


“In subsection (1), line 7, to delete ‘in the prescribed manner’ and substitute ‘direct’.”


Question put, the Committee divided: For, 1; Against, 7.


For:—Deputy Cowan.


Against:—Minister for Defence, Deputies Brennan, Carter, Colley, Davern Gallagher and Hilliard.


The Question was declared negatived accordingly.


Amendment proposed (Deputy Cowan):


“In subsection (3), line 22, to delete ‘officer’ and substitute ‘person’.”


Amendment, by leave, withdrawn.


Section agreed to.


(ii) Sections 114, 115 and 116 agreed to.


(iii) Section 117.


Amendment proposed (Deputy Cowan):


“In subsection (1), paragraph (b), page 58, to delete subparagraph (ii), line 26.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (1), paragraph (e), line 46, to delete ‘a pass’ and substitute ‘an authorisation or permit’.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“To delete subsection (2).”


Amendment, by leave, withdrawn.


Section agreed to.


(iv) Section 118 agreed to.


(v) Section 119.


Amendment proposed (Deputy Cowan):


“In subsection (1) to delete all words after ‘offence’ in line 36 to the end of the subsection.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (2), page 59, to delete paragraph (b), lines 46 and 47.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (2), page 59, lines 48 and 49, to delete ‘unless his trial commences within three months’ and substitute ‘by courtmartial’.”


Amendment, by leave, withdrawn.


Section agreed to.


(vi) Sections 120 and 121 agreed to.


(vii) Section 122.


Amendment proposed (Deputy Cowan):


“In subsection (1), lines 22 and 23, to delete ‘(except mutiny, desertion or fraudulent enlistment)’.”


Amendment, by leave, withdrawn.


Section agreed to.


(viii) Section 123.


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


Debate ensued.


Further consideration of the Bill adjourned.


8. Adjournment.


The Committee adjourned at 8.50 p.m. until 11.30 a.m. on Thursday next.