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IMEACHTA AN CHOISTE.THE PROCEEDINGS OF THE COMMITTEE.Dé Céadaoin, 14 Meitheamh, 1961.Wednesday, 14th June, 1961.1. The Committee met at 8 p.m. 2. Members Present. The following members were present:— Deputy Séan Flanagan (in the Chair), the Parliamentary Secretary to the Minister for Justice, Deputies Booth, John A. Costello, Gibbons, Lindsay, O’Donnell and Wycherley. 3. Consideration of Bill. The Committee resumed consideration of the Bill. (i) Section 1 agreed to. (ii) Section 2. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 4, to delete line 29 and substitute the following definition: ‘ “act” includes default or other omission;”’ Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 5, line 7, before the definition of ‘liable’ to insert the following new definition: ‘ “injured person” means a person against whom a wrong is committed.”’ Amendment agreed to. Section, as amended, agreed to. (iii) Sections 3, 4 and 5 agreed to. (iv) Section 6. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In page 5, lines 39 and 40, to delete ‘any cause of action being’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In paragraph (b), page 6, line 3, to delete ‘cause of action giving rise to a’.” Amendment agreed to. Section, as amended, agreed to. (v) Section 7. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 6, line 13, before ‘loss’ to insert ‘for’.” Amendment agreed to. Section, as amended, agreed to. (vi) Section 8. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 6, in lines 34 and 35 and in line 40, to delete ‘or omission’.” Amendment agreed to. Section, as amended, agreed to. (vii) New section. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “Before section 9 to insert the following new section:— ‘(1) In this section “the relevant period” means the period of limitation prescribed by the Statute of Limitations or any other limitation enactment (including sections 31 and 47 of this Act). (2) No proceedings shall be maintainable in respect of any cause of action whatsoever which has survived against the estate of a deceased person unless either— (a) proceedings against him in respect of that cause of action were commended within the relevant period and were pending at the date of his death, or (b) proceedings are commended in respect of that cause of action within the relevant period or within the period of two years after his death, whichever period first expires.”’ Question:—“That the new section be there inserted”—put, and agreed to. (viii) Section 9 deleted. (ix) Section 10. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In page 7, line 13, to delete ‘by virtue of section 8’.” Amendment agreed to. Section, as amended, agreed to. (x) Section 11. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 7, line 25, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 7, line 30, to delete ‘parties’ and substitute ‘persons’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In page 7, before subsection (3), to insert the following new subsection: ‘Where two or more persons are simultaneously at fault and one or more of them is responsible for damage while the other or others is or are free from causal responsibility, but it is not possible to establish which is the case, such two or more persons shall be deemed to be concurrent wrongdoers in respect of the damage’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (3), page 7, line 41, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Section, as amended, agreed to. 4. Adjournment. The Committee adjourned at 8.45 p.m. until 8 p.m. on Wednesday, 28th June. |
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