Committee Reports::Report - Institute of Civil Engineers of Ireland (Charter Amendment) Bill, 1968 [Private]::05 November, 1968::Proceedings of the Joint Committee

Deputy Sweetman (in the Chair), Deputies de Valera and O’Malley, Senators O’Quigley and Sheldon.

Mr. Garret Gill, S.C., Mr. William Hamill, B.L. and Messrs. Hickey and O’Reilly, Parliamentary Agents, appeared for the Promoters, the Institution of Civil Engineers of Ireland.

Reports on the Bill from the Department of Finance and the Department of Justice were read.

Mr. Garret Gill, S.C. and Mr. William Hamill, B.L. were heard in support of the Preamble of the Bill and called evidence.

Mr. Joseph Fitzgerald, Secretary and Registrar of the Institution of Civil Engineers of Ireland; Mr. George O’Hara, Secretary of Cumann na nInnealtóirí; and Mr. John H. Harbison, Chairman of Joint Institution/ Cumann Committee on Unification, sworn and examined.

Ordered: That, pursuant to Standing Order 80 (Private Business), the evidence be not printed.

“In page 2, lines 40 and 47 and in page 3, line 5 before ‘Institution’ to insert ‘said’.”

“In lines 8 and 9 to delete ‘(and in the Irish language “Cumann na nInnealtóirí”)’ and substitute ‘or “Cumann na nInnealtóirí” ’.”

“In line 48, before ‘authorised’ to insert ‘within the State in respect of whom the Council is satisfied that they are’.”

“In line 50, before ‘persons’ to insert ‘such’ and to delete all words from and including ‘authorised’ in line 50 down to and including ‘Engineers,’ in line 51.”

“In paragraph (h), line 28, to delete ‘Fellow of the Institution’ and substitute ‘Fellow of the Institution of Engineers of Ireland’.”

“In line 40, before ‘All’ to insert ‘Notwithstanding anything contained in section 5 of this Act’.”

‘11.—(1)At the expiration of three months after the date of passing of this Act the Cumann shall be by virtue of this section dissolved.

(2)All property whether real and personal (including choses-in-action) which immediately before the dissolution of the Cumann was vested in, belonged to, or was held in trust for, the dissolved Cumann, subject however, to any incumbrances, rights or liabilities affecting the property immediately before such dissolution, and all rights, powers and privileges relating to or connected with any such property shall, on the dissolution of the Cumann and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the Institution for all the estate, term or interest for which the same immediately before such dissolution was vested in or belonged to or was held in trust for the dissolved Cumann.

(3)All property transferred by this section which, immediately before the dissolution of the Cumann, was standing in the books of any bank or was registered in the books of any bank, corporation, or company shall, upon the request of the Institution made on or at any time after the dissolution of the Cumann, be transferred in such books by such bank, corporation, or company into the name of the Institution.

(4)On and after the dissolution of the Cumann every chose-in-action transferred by this section to the Institution may be sued upon, recovered, or enforced by the Institution in its own name and it shall not be necessary for the Institution to give notice to the person bound by such choses-in-action of the transfer effected by this section.

(5)Section 12 of the Finance Act, 1895 shall not operate so as to require the Institution to deliver to the Revenue Commissioners a copy of the Act or to pay any Stamp Duty under that section on any copy of the Act.”’

Question:—“That the new section be there inserted”—put, and agreed to.

‘but the non-receipt of any such notice or copy of the draft new Bye-laws by, or the accidental omission to give such notice or copy to, any member shall not invalidate the proceedings at such meeting’.”

‘14.—(1)The Institution shall deliver to the Registrar of Companies a printed copy of this Act and he shall retain and register the same and if such a copy of this Act is not delivered within six months from the passing of this Act the Institution shall incur a penalty not exceeding two pounds for every day after the expiration of those six months during which the default continues. Every penalty under this section shall be recoverable summarily.

(2)On receipt of a printed copy of this Act, the Registrar of Companies shall thereupon strike the Cumann from the Register of Companies’.”

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 it has found that the allegations therein contained have been proved to its satisfaction.

2. The Committee has considered the Bill and has made amendments thereto for the purpose of—

(a)clarifying the section providing for the dissolution of the Cumann and the transfer of its property,

(b)alleviating the ad valorem stamp duty which would become payable on the vesting of the property of the Cumann in the Institution, and

(c)providing for the deletion of the Cumann from the Register of Companies.

3. In going through the Bill the Committee had before it, and considered, reports from the Department of Finance and the Department of Justice. It has given effect to the recommendations contained in those reports.

IMEACHTAÍ AN CHOMHCHOISTE.

PROCEEDINGS OF THE JOINT COMMITTEE.

Dé Máirt, 5 Samhain, 1968.

Tuesday, 5th November, 1968.