Committee Reports::Report and Proceedings - Defence Bill, 1951::23 April, 1952::Proceedings of the Joint Committee

IMEACHTA AN CHOISTE SPEISIALTA.

THE PROCEEDINGS OF THE SPECIAL COMMITTEE.

Dé Céadaoin, 23ú Aibreán, 1952.

Wednesday, 23rd April, 1952.

1. The Committee met at 7.30 p.m.


2. Members Present.


The following members were present:—


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


3. Consideration of Bill.


The Committee resumed consideration of the Bill.


(i) Section 170.


Debate was resumed on the following amendment proposed by Deputy Cowan on 22nd April:—


“In subsection (2) page 74, paragraph (e), lines 41 and 42, to delete ‘any person subject to military law who is so authorised by any commanding officer’ and substitute ‘any officer or man’.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“To delete subsection (4).”


Amendment, by leave, withdrawn.


Section agreed to.


(ii) Section 171 agreed to.


(iii) Section 172.


Amendment proposed (Deputy Cowan):


“In subsection (2), line 17, before ‘shall’ to insert ‘or any officer or man’.”


Question put, and agreed to.


Section, as amended, agreed to.


(iv) Sections 173 and 174 agreed to.


(v) New section.


Amendment proposed (Deputy Cowan):


“Before section 175 to insert a new section as follows:—


‘Where—


(a) A person subject to military law is charged with an offence against military law, and


(b) the offence was dealt with under this chapter either by being dismissed or being dealt with summarily


he shall not be liable to be tried again by a civil court for the same offence’.”


Amendment, by leave, withdrawn.


(vi) Section 175 agreed to.


(vii) Section 176.


Amendment proposed (Deputy Cowan):


“In subsection (2) to delete paragraph (a), page 76, lines 41 to 45, and page 77, lines 1 and 2.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (3), paragraph (a), page 77, to add at the end of subparagraph (ii), the following:—


(iv) admonishment.


(v) warning.”


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


For:—Deputy Cowan.


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


The Question was declared negatived accordingly.


Amendment proposed (Deputy Cowan):


“In subsection (3), paragraph (c), page 77, line 42, before ‘or’ to insert ‘severe reprimand or reprimand’.”


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.


Amendment proposed (Deputy Cowan):


“In subsection (3), paragraph (f), page 78, line 23, to delete ‘fifteen’ and substitute ‘ten’.”


Amendment, by leave, withdrawn.


Section agreed to.


(viii) Section 177 agreed to.


(ix) Section 178.


Amendment proposed (Deputy Cowan):


“In subsection (3) to delete paragraph (c), lines 19 to 21.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Cowan):


“In subsection (5), line 37, to delete ‘he’ and substitute ‘the accused”’.


Amendment, by leave, withdrawn.


Section agreed to.


(x) Sections 179 to 182 inclusive, agreed to.


(xi) Section 183.


Amendment proposed (Deputy Cowan):


“To add at end of section the following:—


‘Every Regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made but shall not come into operation or take effect until a resolution approving it has been passed by each House of the Oireachtas’.”


Amendment, by leave, withdrawn.


Section agreed to.


(xii) Sections 184, 185 and 186 agreed to.


Further consideration of the Bill adjourned.


4. Adjournment.


The Committee adjourned at 9.35 p.m. until 3.30 p.m. to-morrow.