|
|
|
|
IMEACHTA AN CHOMHCHOISTE.THE PROCEEDINGS OF THE JOINT COMMITTEE.Dé Máirt, 15 Iúil, 1958.Tuesday, 15th July, 1958.1. The Committee met at 5.15 p.m. 2. Members Present. The following members were present:— Deputy Sweetman (in the Chair), Deputies Haughey and Sheldon and Senators O’Quigley, Ryan and Stanford. 3. Appearances for Promoters. Mr. Vincent Landy, B.L., and Messrs. Franks and Oulton, Parliamentary Agents, appeared for the Promoters, the Governors and Members of the Committee of Management of the Convalescent Home, Stillorgan. 4. Hearings in support of Preamble. Mr. Vincent Landy, B.L., was heard in support of the Preamble to the Bill. Room cleared. 5. Consideration of Bill. The Committee took the Bill into consideration. (i) Preamble. Amendment proposed: “In page 2 between lines 31 and 32 to insert:— ‘AND WHEREAS the said Charter also provides that the Corporation of Dublin shall be entitled annually to nominate two persons to represent the said Corporation on the Committee of Management of the said Institution in each year for which the Corporation of Dublin shall subscribe a sum of not less than £100 to the funds of the said Institution.’” Amendment agreed to. Amendment proposed: “In page 2 between lines 42 and 43 to insert:— ‘AND WHEREAS it is expedient that the right granted to the Corporation of Dublin by the said Charter to nominate annually two persons to represent the said Corporation on the Committee of Management of the said Institution should no longer be subject to any qualification as to the payment of an annual subscription, and that the provisions of the said Charter should be amended accordingly in manner hereinafter provided.’” Amendment agreed to. Amendment proposed: “In page 2 to add at the end of the page:— ‘AND WHEREAS by reason of the changes from time to time in social conditions and for the purpose of furthering the objects purposes and administration of the trusts reposed in the Governors of the said Institution under the Charter it is expedient that power should be given to the Governors to enable them from time to time to alter or vary the provisions of the said Charter without incurring the expense of an application to the Oireachtas upon the occasion of every such alteration or variation. AND WHEREAS for the purpose of providing a means for effecting such alterations or variations without such expense as aforesaid it is expedient that the Commissioners of Charitable Donations and Bequests for Ireland should be empowered to alter or vary from time to time the provisions of the said Charter.’” Amendment agreed to. Preamble, as amended, agreed to. (ii) Section 1. Amendment proposed: “To add at the end of the section:— ‘The expression “the Commissioners” means the Commissioners of Charitable Donations and Bequests for Ireland.’” Amendment agreed to. Section, as amended, agreed to. (iii) Section 2 agreed to. (iv) New section: Amendment proposed: “Before section 3 to insert a new section as follows:— ‘Clause 8 of the Charter shall be read and construed as if the words “in each year for which the Corporation of Dublin shall subscribe a sum of not less than £100 to the funds of the Institution” where the same appear therein were deleted.’” Question:—“That the new section be there inserted”—put, and agreed to. (v) Section 3 agreed to. (vi) Section 4. Amendment proposed: “In subsection (2), lines 35 and 36, to delete ‘of Charitable Donations and Bequests for Ireland’.” Amendment agreed to. Amendment proposed: “In subsection (2), line 40, to delete ‘said’.” Amendment agreed to. Section, as amended, agreed to. (vii) New sections. Amendment proposed: “Before section 5 to insert a new section as follows:— ‘In addition to the powers conferred upon them by the Charter the Governors may from time to time apply to the Commissioners to alter or vary the provisions of the Charter.’” Question:—“That the new section be there inserted”—put, and agreed to. Amendment proposed: “Before section 5 to insert a new section as follows:— ‘Upon such application as aforesaid the Commissioners may by a minute under their seal alter or vary any one or more of the provisions of the Charter or of the Charter as amended by any alteration or variation made or to be made under this Act provided that no such alteration or variation shall effect or change or purport to affect or change the non-denominational character of the Home or any other home for the time being under the control or management of the Governors.’” Question:—“That the new section be there inserted”—put, and agreed to. Amendment proposed: “Before section 5 to insert a new section as follows:— ‘Every such application shall be in writing and under the Seal of the Institution and shall specify the alteration or variation sought and no such application shall be made except in pursuance of a resolution duly passed at a meeting of the Governors specially called for the purpose of considering such resolution.’” Question:—“That the new section be there inserted”—put, and agreed to. (viii) Sections 5, 6 and 7 agreed to. (ix) Schedule agreed to. (x) Title. Amendment proposed: “In line 10, to delete ‘and’.” Amendment agreed to. Amendment proposed: “In line 11 before ‘to’ to insert:— ‘to the payment of subscriptions by the Corporation of Dublin and’.” Amendment agreed to. Amendment proposed: “At the end to add:— ‘and to enable the Commissioners of Charitable Donations and Bequests for Ireland on the application of the Governors to alter from time to time the provisions of the said Charter.’” Amendment agreed to. Title, as amended, agreed to. 6. Report of Committee. Draft Report brought in by the Chairman (Deputy Sweetman) read a first and second time and passed as follows:— 1. The Joint Committee reports that it has examined the Preamble of the Bill and, to make it consistent with the provisions of the Bill as amended by the Committee, has amended it by the insertion of the following paragraphs:— “AND WHEREAS the said Charter also provides that the Corporation of Dublin shall be entitled annually to nominate two persons to represent the said Corporation on the Committee of Management of the said Institution in each year for which the Corporation of Dublin shall subscribe a sum of not less than £100 to the funds of the said Institution. AND WHEREAS it is expedient that the right granted to the Corporation of Dublin by the said Charter to nominate annually two persons to represent the said Corporation on the Committee of Management of the said Institution should no longer be subject to any qualification as to the payment of an annual subscription, and that the provisions of the said Charter should be amended accordingly in manner hereinafter provided. AND WHEREAS by reason of the changes from time to time in social conditions and for the purpose of furthering the objects purposes and administration of the trusts reposed in the Governors of the said Institution under the Charter it is expedient that power should be given to the Governors to enable them from time to time to alter or vary the provisions of the said Charter without incurring the expense of an application to the Oireachtas upon the occasion of every such alteration or variation. AND WHEREAS for the purpose of providing a means for effecting such alterations or variations without such expense as aforesaid it is expedient that the Commissioners of Charitable Donations and Bequests for Ireland should be empowered to alter or vary from time to time the provisions of the said Charter.” It has found the allegations contained in the Preamble, as amended, proved to its satisfaction. 2. The Committee has gone through the Bill and has made amendments thereto to enable (i) the Corporation of Dublin to nominate two persons on the Committee of Management without paying the subscription required by the Charter and (ii) the Commissioners of Charitable Donations and Bequests for Ireland, upon the application of the Governors, to alter the provisions of the Charter of the Convalescent Home. It has also amended the title to read as follows:— AN ACT TO AMEND THE CHARTER UNDER WHICH THE CONVALESCENT HOME, STILLORGAN, IS INCORPORATED, TO EXTEND THE OBJECTS OF THE INSTITUTION, TO AUTHORISE THE GOVERNORS TO APPLY CAPITAL FUNDS OF THE INSTITUTION FOR CERTAIN PURPOSES, TO AMEND THE PROVISIONS OF THE CHARTER RELATING TO THE PAYMENT OF SUBSCRIPTIONS BY THE CORPORATION OF DUBLIN AND TO THE ADMISSION OF PATIENTS TO THE HOME AND TO ENABLE THE COMMISSIONERS OF CHARITABLE DONATIONS AND BEQUESTS FOR IRELAND ON THE APPLICATION OF THE GOVERNORS TO ALTER FROM TIME TO TIME THE PROVISIONS OF THE SAID CHARTER. 3. In going through the Bill the Committee had before it, and considered, a report from the Commissioners of Charitable Donations and Bequests for Ireland. It has given effect to the recommendations contained in that Report. Ordered: To report to both Houses accordingly. 7. Conclusion of Business. The Committee concluded its business at 5.50 p.m. |
||||||||||||
|
|||||||||||||
