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IMEACHTA AN CHOISTE SPEISIALTA.PROCEEDINGS OF THE SPECIAL COMMITTEE.Dé Céadaoin,3 Nollaig, 1958.Wednesday, 3rd December, 1958.1. The Committee met at 4.15 p.m. 2. Members Present. The following members were present:— Deputy McGilligan (in the Chair), the Minister for Justice, Deputies G. Boland, S. Flanagan, Gibbons, Haughey, Kyne and Larkin. 3. Consideration of Bill. The Committee took the Bill into consideration. (i) New section. Amendment proposed (Minister for Justice): “In page 1, before section 1, to insert the following new section:— ‘(1) In this section “personal injuries” includes any disease and any impairment of a person’s physical or mental condition, and “injured” shall be construed accordingly. (2) It shall not be a defence to an employer who is sued in respect of personal injuries caused by the negligence of a person employed by him that such person was, at the time the injuries were caused, in common employment with the person injured. (3) Any provision contained in a contract of service or apprenticeship or in an agreement collateral thereto (including a contract or agreement entered into before the passing of this Act) shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him. (4) The defence of common employment shall not be open to the Minister for Finance in any proceedings brought against him under section 170 of the Road Traffic Act, 1933 (No. 11 of 1933), or under section 7 of the Fatal Injuries Act, 1956 (No. 3 of 1956)’.” Question:—“That the new section be there inserted”—put, and agreed to. (ii) Section 1 deleted. (iii) New sections. Amendment proposed (Minister for Justice): “In page 1, before section 2, to insert the following new section:— ‘Nothing in this Act shall affect any legal proceedings commenced before the date of the passing of this Act’.” Question:—“That the new section be there inserted”—put, and agreed to. Amendment proposed (Minister for Justice): “In page 1, before section 2, to insert the following new section:— ‘The enactments mentioned in column (2) of the Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule’.” Question:—“That the new section be there inserted”—put, and agreed to. (iv) Section 2 deleted. (v) Section 3 agreed to. (vi) Schedule. Amendment proposed (Minister for Justice): “To insert at the end of the Bill the following:— ‘SCHEDULE Enactments Repealed
’.” Question:—“That the new schedule be there inserted”—put, and agreed to. (vii) Title. Amendment proposed (Minister for Justice): “In page 1, line 13, to delete ‘doctrine’ and substitute ‘defence’.” Question put, and agreed to. Title, as amended, agreed to. 4. Report of Committee. The Chairman brought forward a Draft Report which was read as follows:— “The Special Committee has gone through the Bill and has made amendments thereto, and has amended the Title to read as follows:— AN ACT TO ABOLISH THE DEFENCE OF COMMON EMPLOYMENT. The Bill, as amended, is reported to the Dáil.” Draft Report agreed to. Ordered: To report accordingly. 5. Conclusion of Business. The Committee concluded its business at 4.40 p.m. |
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