Committee Reports > List of Committees > Private > 1966 > Joint Committee on Institute of Chartered Accountants in Ireland (Charter Amendment) Bill, 1965 > Report and Proceedings - Institute of Chartered Accountants in Ireland (Charter Amendment) Bill, 1965 [Private]

REPORT.

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.

(Signed) GERARD SWEETMAN,

Chairman of the Joint Committee.

5th May, 1966.