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IMEACHTAI AN CHOMHCHOISTE.PROCEEDINGS OF THE JOINT COMMITTEE.Déardaoin, 5 Bealtaine, 1966.Thursday, 5th May, 1966.1. The Committee met at 10.45 a.m. 2. Members Present. The following members were present:— Deputy Sweetman (in the Chair), Deputy de Valera; Senators O’Quigley, Eoin Ryan and Sheldon. 3. Consideration of Bill. The Committee took the Bill into consideration. (i) Preamble. Amendment proposed: “In lines 33, 36 and 37, to delete ‘Republic of Ireland’ and substitute ‘State’.” Amendment agreed to. Amendment proposed: “Between lines 37 and 38 to insert the following:— ‘AND WHEREAS to remove doubts it is desired to provide that the whole of the Council of the Institute need not retire at the annual general meeting of the Institute in each year and to enable ex officio members of the Council to be appointed:’.” Amendment agreed to. Amendment proposed: “Between lines 44 and 45 to insert the following:— ‘AND WHEREAS it is expedient that the other provisions in this Act contained should be enacted:’.” Amendment agreed to. Preamble, as amended, proved. (ii) Sections 1 and 2 agreed to. (iii) Section 3. Amendment proposed: “In subsection (1), line 49, to delete ‘Republic of Ireland’ and substitute ‘State’.” Amendment agreed to. Section, as amended, agreed to. (iv) Sections 4 to 10 inclusive, agreed to. (v) Title agreed to. 4. Report of Committee. Draft Report brought in by the Chairman (Deputy Sweetman) read a first and second time and passed as follows:— 1. The Committee reports that it has examined the Preamble of the Bill and to make it consistent with the provisions of the Bill it has amended it by the insertion of the following paragraphs: “AND WHEREAS to remove doubts it is desired to provide that the whole of the Council of the Institute need not retire at the annual general meeting of the Institute in each year and to enable ex officio members of the Council to be appointed: AND WHEREAS it is expedient that the other provisions in this Act contained should be enacted:”. It has found the allegations contained in the Preamble, as amended, proved to its satisfaction. 2. The Committee has also gone through the Bill and has made a drafting amendment thereto. 3. In going through the Bill, the Committee had before it, and considered, reports from the Department of Finance and the Department of Justice. The suggestion made by the Department of Finance that section 6 be amended to refer to a Minister rather than to the Government was not acceptable to the Committee as it feels that the Government is the proper authority. While it agrees that the statutory position in relation to the allowance of bye-laws is as stated by the Department, nevertheless it considers that the section should be retained in the present Bill to remove any doubt as to whether bye-laws made under section 2 require the consent of the Government. The Committee gave effect to the recommendations made by the Department of Justice in respect of the Preamble and section 3 but it did not give effect to that Department’s recommendation that section 5 (2) be brought into line with section 2 (2). The notice required by section 2 (2) was framed so as to follow the provisions of the Companies Act, 1963 in relation to special resolutions whilst section 5 (2) was framed with regard to the existing bye-laws which require that notice of a special meeting must state the special business to be transacted thereat. Ordered: To report to both Houses accordingly. 5. Conclusion of Business. The Committee concluded its business at 11.30 a.m. |
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