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IMEACHTA AN CHOISTE SPEISIALTA.THE PROCEEDINGS OF THE SPECIAL COMMITTEE.Déardaoin, 1ú Bealtaine, 1952.Thursday, 1st May, 1952.1. The Committee met at 3.30 p.m. 2. Members Present. The following members were present:— Deputy V. de Valera (in the Chair), the Minister for Defence, Deputies Brennan, Carter, S. Collins, Cowan, Davern and Hilliard. 3. Consideration of Bill. The Committee resumed consideration of the Bill. (i) Section 257 agreed to. (ii) Section 258. Amendment proposed (Deputy Cowan): “In subsection (1), line 2, before ‘being’ to insert ‘of which the Minister for Defence is at the time the owner’.” Amendment, by leave, withdrawn. Amendment proposed (Deputy Cowan): “In subsection (2), line 15, after ‘person’ to insert ‘knowingly’.” Amendment, by leave, withdrawn. Section agreed to. (iii) Sections 259 to 263 inclusive, agreed to. (iv) Section 264. Amendment proposed (Deputy Cowan): “In subsection (2), line 42, after ‘Forces’ to insert ‘and which in accordance with clothing Regulations made by the Minister are still considered serviceable and fit for use by the Defence Forces or a member thereof’.” Amendment, by leave, withdrawn. Section agreed to. (v) Section 265 agreed to. (vi) Section 266. Amendment proposed (Deputy Cowan): “In subsection (1), line 17, to delete ‘without lawful authority’ and substitute ‘with treacherous intent or traitorously’.” Question put, and negatived. Amendment proposed (Deputy Cowan): “In subsection (2), line 33, to delete ‘without lawful authority’ and substitute ‘with treacherous intent or traitorously’.” Question put, and negatived. Amendment proposed (Deputy Cowan): “In subsection (3), line 49, before ‘trespasses’ to insert ‘with treacherous intent or traitorously’.” Question put, and negatived. Section agreed to. (vii) Sections 267, 268 and 269 agreed to. (viii) Section 270. Amendment proposed (Deputy Cowan): “In subsection (1), paragraph (b), line 28, to delete ‘without due authority’ and substitute ‘wilfully and unlawfully’.” Amendment, by leave, withdrawn. Section agreed to. (ix) Sections 271 to 287 inclusive, agreed to. (x) Section 288. Amendment proposed (Minister for Defence): “To delete subsection (1) and substitute the following subsection:— ‘(1) The provisions of this Act (except this Part and sections 8, 103, 104, 232, 233 and 234 and Part V I) shall not, save where specific mention is made therein to the Army Nursing Service or save as is provided by an order under this section, apply in respect of members of the Army Nursing Service’.” Question put, and agreed to. Section, as amended, agreed to. (xi) Sections 289 to 299 inclusive, agreed to. (xii) New section. Amendment proposed (Minister for Defence): “Before section 300 to insert a new section as follows:— ‘(1) Where— (a) a person is, on or after the operative date, appointed to commissioned rank in the Permanent Defence Force and such appointment is for a specified period or is temporary, or (b) a person is, on or after the operative date, appointed to commissioned rank in the Reserve Defence Force, or (c) a person enlists, on or after the operative date, in the Permanent Defence Force or the Reserve Defence Force, or (d) a person (not being an officer holding a permanent commission in the existing permanent force, as defined by subsection (1) of section 291) becomes, on the operative date, by virtue of Part X of this Act, a member of the Defence Forces, that person shall be a person to whom this section applies. (2) Where— (a) no contribution is paid in respect of a person to whom this section applies, in any insurance year ended on or after the operative date, and (b) during the whole or part of such insurance year— (i) such person being a member of the Permanent Defence Force, serves in the Permanent Defence Force, or (ii) such person, being a reservist, is called out on permanent service, or (iii) such person, being an officer of the Reserve Defence Force, is employed on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force or during a period during which reservists are called out on permanent service under section 88, then, such insurance year shall be disregarded in any application to such person of subsection (4) of section 8 of the Unemployment Insurance Act. 1920. (3) Nothing in this section shall be construed as affecting the operation of section 2 of the Unemployment Insurance Act, 1941 (No. 3 of 1941). (4) This section shall be construed as one with the Unemployment Insurance Acts, 1920 to 1948’.” Question—“That the new section be there inserted”—put, and agreed to. (xiii) Section 300. Amendment proposed (Deputy Cowan): “To delete paragraph (b).” Amendment, by leave, withdrawn. Amendment proposed (Minister for Defence): “In paragraph (b), line 44, before ‘or’ to insert ‘or during a period during which reservists are called out on permanent service under section 88’.” Question put, and agreed to. Section, as amended, agreed to. (xiv) Section 301. Amendment proposed (Deputy Cowan): “To delete subsection (3).” Amendment, by leave, withdrawn. Section agreed to. (xv) Sections 302 and 303 agreed to. (xvi) Section 304. Amendment proposed (Minister for Defence): “In subsection (2), line 46, to delete ‘under’ and substitute ‘by’.” Question put, and agreed to. Section, as amended, agreed to. (xvii) Section 305. Amendment proposed (Minister for Defence): “In page 133, lines 49 and 50, to delete ‘ “Permanent Defence Force, or the Reserve Defence Force” ’ and substitute ‘ “Permanent Defence Force, or Reserve Defence Force as defined by the Defence Act, 1952” ’.” Question put, and agreed to. Section, as amended, agreed to. (xviii) New section. Amendment proposed (Minister for Defence): “Before section 306 to insert a new section as follows:— ‘(1) In this section, the expressions “the existing permanent force”, “the existing reserve force” and “existing reserve officer” have the meanings respectively assigned to them by subsection (1) of section 291. (2) The following expressions, where they occur in subsection (2) of section 1 or in section 2 of the Unemployment Insurance Act, 1945 (No. 23 of 1945) shall, in lieu of having the meanings respectively assigned to them by subsection (1) of the said section 1, be construed in accordance with the following provisions— (a) the word “discharge” shall mean discharge, transfer or retransfer to the Reserve Defence Force, release from permanent service, dismissal, relinquishment of commission, retirement, and resignation, but shall not include— (i) the resignation of a commission for the purpose of appointment as a cadet or officer of the Permanent Defence Force, or (ii) discharge for the purpose of appointment to commissioned rank, or (iii) termination of service by death, or (iv) transfer or re-transfer to the Reserve Defence Force not involving interruption of service, and the word “discharged” shall be construed accordingly; (b) the expression “member of the Defence Forces” shall mean any officer or man of the Defence Forces, other than— (i) an officer holding in the Permanent Defence Force a commission which is without limitation as to time, or (ii) an officer or man who is discharged before he has completed three months service; (c) the word “service” shall, in relation to a member of the Defence Forces, mean full-time service in the Defence Forces and in the existing permanent force and the existing reserve force in respect of which pay was issuable, but shall not include— (i) in case he is an officer of the Reserve Defence Force (whether an existing reserve officer or not), service in the Reserve Defence Force, or (ii) in case he is an existing reserve officer, service in the existing reserve force after the 1st day of September, 1946, or (iii) any period of annual training, or (iv) any service rendered by him before he attained the age of sixteen years, or (v) service in the existing permanent force or the existing reserve force previously taken into account for the purposes of subsection (1) of section 2 or subsection (1) of section 3 of the Unemployment Insurance Act, 1945, as enacted. (3) The references in section 15 of the Unemployment Insurance Act, 1946 (No. 37 of 1946), to the Unemployment Insurance Act, 1945, shall be construed as including references to the last-mentioned Act as amended by subsection (2) of this section’.” Question—“That the new section be there inserted”—put, and agreed to. (xix) Section 306 agreed to. (xx) Section 307. Amendment proposed (Minister for Defence): “In subsection (1), line 14, before ‘passed’ to insert‘ (not being the Unemployment Insurance Act, 1941 (No. 3 of 1941) the Unemployment Insurance Act, 1945 (No. 23 of 1945) or the Unemployment Insurance Act, 1946 (No. 37 of 1946))’.” Question put, and agreed to. Section, as amended, agreed to. (xxi) Sections 308 to 316 inclusive, agreed to. (xxii) First, Second and Third Schedules agreed to. (xxiii) Fourth Schedule. Amendment proposed (Deputy Cowan): “To delete paragraph 8, page 141, lines 13 and 14.” Amendment by leave, withdrawn. Schedule agreed to. (xxiv) Fifth Schedule to Tenth Schedule inclusive, agreed to. (xxv) Postponed section 2 agreed to. (xxvi) Title agreed to. 4. Report of Committee. Draft Report brought in by the Chairman (Deputy V. de Valera) read a first and second time, and passed as follows:— The Special Committee has gone through the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil. Ordered: To report accordingly. 5. Conclusion of Business. The Committee concluded its business at 6 p.m. |
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