Committee Reports::Report - Companies Bill, 1962::09 April, 1963::Proceedings of the Joint Committee

IMEACHTA AN CHOISTE.

THE PROCEEDINGS OF THE COMMITTEE.

Dé Máirt, 9 Aibreán, 1963.

Tuesday, 9th April, 1963.

1. The Committee met at 4 p.m.


2. Members Present.


The following members were present:—


Deputy Colley (in the Chair), the Minister for Industry and Commerce, Deputies Booth, Cosgrave, D. Costello, de Valera, Gallagher, Norton and Pattison.


3. Consideration of Bill.


The Committee resumed consideration of the Bill.


(i) Sections 286, 287 and 288 agreed to.


(ii) Section 289.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (1), paragraph (d), page 150, line 32, to delete ‘wife’ and substitute ‘spouse’.”


Amendment agreed to.


Section, as amended, agreed to.


(iii) Section 290.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (5), to delete all words from ‘and, in the case of a contract’ to the end of the subsection.”


Amendment agreed to.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (7), page 151, line 42, to delete ‘persons’ and substitute ‘person’.”


Amendment agreed to.


Section, as amended, agreed to.


(iv) Sections 291 and 292 agreed to.


(v) Section 293.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (1), page 154, to delete lines 45 to 53 and substitute:


‘he shall, in the case of an offence mentioned in paragraph (m), (n) or (o), be liable, on conviction on indictment, to penal servitude for a term not exceeding 5 years or to imprisonment for a term not exceeding 2 years or to a fine not exceeding £1,000 or to both such penal servitude or imprisonment and such fine and, in the case of an offence mentioned in any other paragraph, be liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or to fine not exceeding £500 or to both, or, in the case of any offence under this subsection be liable, on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding £100 or to both.”’


Amendment agreed to.


Amendment proposed (Minister for Industry and Commerce):


“To delete subsection (3) and substitute:


‘(3) Where any person pawns, pledges or disposes of any property in circumstances which amount to an offence under paragraph (o) of subsection (1), every person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged or disposed of in such circumstances as aforesaid shall also be guilty of an offence and shall be liable to be punished in the same way as if he had been guilty of an offence under the said paragraph (o).”’


Amendment agreed to.


Section, as amended, agreed to.


(vi) Section 294.


Amendment proposed (Minister for Industry and Commerce):


“To delete lines 18 to 20 and substitute:


‘any person, he shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine not exceeding £500 or to both or, on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding £100 or to both.”’


Amendment agreed to.


Section, as amended, agreed to.


(vii) Section 295.


Amendment proposed (Minister for Industry and Commerce):


“To delete lines 36 to 39 and substitute:


‘he shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine not exceeding £500 or to both or, on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding £100 or to both.”’


Amendment agreed to.


Section, as amended, agreed to.


(viii) Section 296.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (1) to delete lines 48 to 50 and substitute:


‘,on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine not exceeding £500 or to both or, on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding £100 or to both.”’


Amendment agreed to.


Section, as amended, agreed to.


(ix) Section 297.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (3) to add the following ‘or, on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding £100 or to both.”’


Amendment agreed to.


Section, as amended, agreed to.


(x) Sections 298 to 306 inclusive, agreed to.


(xi) Section 307.


Amendment proposed (Minister for Industry and Commerce):


“To delete subsections (4) and (5).”


Amendment, by leave, withdrawn.


Section agreed to.


(xii) Sections 308 and 309 agreed to.


(xiii) Section 310.


Amendment proposed (Deputy D. Costello):


“In subsection (1), line 16, after the words ‘within 2 years of the date of the dissolution’ to insert ‘or where fraud is proved, at any time within 6 years of the date of dissolution’.”


Amendment, by leave, withdrawn.


Section Agreed to.


(xiv) Section 311.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (8), page 161, line 13, after ‘made’ to insert ‘(on notice to the registrar)’.”


Amendment agreed to.


Section, as amended, agreed to.


(xv) Sections 312 and 313 agreed to.


Further consideration of the Bill adjourned.


4. Athlá.


The Committee adjourned at 5.45 p.m. until 11 a.m. to-morrow.