Committee Reports::Report and Proceedings - Defence Bill, 1951::08 April, 1952::Proceedings of the Joint Committee

IMEACHTA AN CHOISTE SPEISIALTA.

THE PROCEEDINGS OF THE SPECIAL COMMITTEE.

Dé Máirt, 8ú Aibreán, 1952.

Tuesday, 8th 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, Cowan, Davern and Hilliard.


3. Consideration of Bill.


The Committee resumed consideration of the Bill.


(i) Section 125.


Amendment proposed (Deputy Cowan):


“In subsection (2), paragraph (b), line 6, before ‘leaves’ to insert ‘and without good and sufficient cause.”’


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (2), paragraph (c), line 8, before ‘discloses’ to insert ‘knowingly or negligently’.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (2), paragraph (d), line 14, before ‘makes’ to insert ‘knowingly or negligently’.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (2), paragraph (d) to delete all words after ‘or’ in line 16 to end of paragraph.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (2), paragraph (g), line 22, before ‘forces’ to insert ‘without due cause.”’


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (2), paragraph (h), lines 24 and 25, to delete ‘in search of’ and substitute ‘with intent to’.”


Question put, and agreed to.


Amendment proposed (Deputy Cowan):


“In subsection (2), paragraph (i), line 26, before ‘wilfully’ to insert ‘or without reasonable cause’.”


Question put, and agreed to.


Amendment proposed (Deputy Cowan):


“In subsection (2), to delete paragraph (j), lines 28 and 29.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (2) to delete paragraph (k), lines 30 to 33.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (2), paragraph (k), line 30, to delete ‘irregularly’ and substitute ‘knowingly and without reasonable cause’.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (2), to delete paragraph (l), lines 34 to 38.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (2), paragraph (i), lines 45 and 46, to delete ‘penal servitude’ and substitute ‘imprisonment’.”


Amendment, by leave, withdrawn.


Section, as amended, agreed to.


(ii) Section 126.


Amendment proposed (Deputy Cowan):


“To delete paragraph (a), lines 2 and 3.”


Amendment, by leave, withdrawn.


Section agreed to.


(iii) Section 127.


Amendment proposed (Deputy Cowan):


“In line 16, to delete ‘death’ and substitute ‘penal servitude’.”


Amendment, by leave, withdrawn.


Section agreed to.


(iv) Section 128.


Amendment proposed (Deputy Cowan):


“In line 21, to delete ‘penal servitude’ and substitute ‘imprisonment’.”


Amendment, by leave, withdrawn.


Section agreed to.


(v) Section 129.


Amendment proposed (Deputy Cowan):


“In line 33 to delete ‘penal servitude’ and substitute ‘imprisonment’.”


Amendment, by leave, withdrawn.


Section agreed to.


(vi) Section 130.


Amendment proposed (Deputy Cowan):


“In line 38, to delete ‘penal servitude’ and substitute ‘dismissal from the Defence Forces if an officer or discharge from the Defence Forces if a man’.”


Question put: the Committee divided: For, 1; Against, 5.


For:—Deputy Cowan.


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


The Question was declared negatived accordingly.


Section agreed to.


(vii) Section 131 agreed to.


(viii) Section 132.


Amendment proposed (Deputy Cowan):


“In lines 48 and 49, to delete ‘imprisonment’ and substitute ‘dismissal from the Defence Forces if an officer or discharge from the Defence Forces if a man’.”


Amendment, by leave, withdrawn.


Section agreed to.


(ix) Sections 133 to 136 inclusive, agreed to.


(x) Section 137.


Amendment proposed (Deputy Cowan):


“To delete all words from and including ‘if’ in line 30 to ‘detention’ in line 32 and substitute ‘a fine’.”


Amendment, by leave, withdrawn.


Section agreed to.


(xi) Section 138.


Amendment proposed (Deputy Cowan):


“In lines 37 and 38 to delete ‘dismissal with ignominy from the Defence Forces or’.”


Amendment, by leave, withdrawn.


Section agreed to.


(xii) Section 139.


Amendment proposed (Deputy Cowan):


“In line 43 to delete ‘imprisonment’ and substitute ‘dismissal from the Defence Forces if an officer or discharge from the Defence Forces if a man’.”


Amendment, by leave, withdrawn.


Section agreed to.


(xiii) Section 140.


Amendment proposed (Deputy Cowan):


“To delete paragraph (b), lines 48 and 49, page 65, and lines 1 and 2, page 66.”


Amendment, by leave, withdrawn.


Section agreed to.


Further consideration of the Bill adjourned.


4. Ordered: That the Committee do adjourn from 6.10 p.m. to 8.30 p.m.


5. The Committee again met at 8.30 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, Gallagher and Hilliard.


7. Consideration of Bill.


The Committee resumed consideration of the Bill.


(i) Section 141.


Amendment proposed (Deputy Cowan):


“To delete paragraphs (b) and (c) and substitute ‘(b) if a man discharge from the Defence Forces’.”


Amendment, by leave, withdrawn.


Section agreed to.


(ii) Sections 142 to 147 inclusive, agreed to.


(iii) Section 148.


Amendment proposed (Deputy Cowan):


“In lines 34 and 35 to delete ‘or negligently or through other default’.”


Amendment, by leave, withdrawn.


Section agreed to.


(iv) Sections 149 and 150 agreed to.


(v) Section 151.


Amendment proposed (Deputy Cowan):


“In line 21, before ‘signs’, to insert ‘recklessly or through gross negligence’.”


Amendment, by leave, withdrawn.


Section agreed to.


(vi) Section 152.


Amendment proposed (Deputy Cowan):


“In line 27 before ‘flies’ to insert ‘knowingly and without reasonable cause’.”


Amendment, by leave, withdrawn.


Section agreed to.


(vii) Section 153 agreed to.


(viii) Section 154.


Amendment proposed (Minister for Defence):


“To insert at the end of the section the following new subsection:—


‘(3) Every inanimate thing whatever which is the property of any person, and which either is or may be made movable, is capable of being stolen as soon as it becomes movable, although it is made movable in order that it may be stolen’.”


Question put, and agreed to.


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


Debate ensued.


Further consideration of the Bill adjourned.


8. Adjournment.


The Committee adjourned at 9.50 p.m, until 7.30 p.m. on Tuesday, 22nd April.