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IMEACHTAÍ AN CHOMHCHOISTE.PROCEEDINGS OF THE JOINT COMMITTEE.Dé Céadaoin, 17 Meitheamh, 1970.Wednesday, 17th June, 1970.1. The Committee met at 4.30 p.m. 2. Members Present. The following members were present:— Deputy de Valera (in the Chair), Deputies Keating and Ryan, Senators Kelly and Eoin Ryan. 3. Minutes of Evidence. Resolved: That, pursuant to Standing Order 80 (Private Business), the evidence be not printed. 4. Consideration of Bill. The Committee took the Bill into consideration. (i) Preamble. Amendment proposed: “In line 21 to delete ‘City’ and substitute ‘Country Borough’.” Amendment agreed to. Amendment proposed: “In line 34 to delete ‘City’ and substitute ‘County Borough’.” Amendment agreed to. Preamble, as amended, proved. (ii) Section 1 agreed to. (iii) New section. Amendment proposed: “Before section 2 to insert the following new section:— Definition: ‘In this Act unless the context otherwise requires “the Commissioners” means the Commissioners of Charitable Donations and Bequests for Ireland’.” Question:—“That the new section be there inserted”—put, and agreed to. (iv) Sections 2 and 3 agreed to. (v) Section 4. Amendment proposed: “In subsection (2) (c), line 18, after ‘Committee’ to insert ‘at a meeting thereof duly convened and held.’” Amendment agreed to. Section, as amended, agreed to. (vi) Section 5 agreed to. (vii) Section 6. Amendment proposed: “In line 35 to delete ‘be disqualified from being and shall’.” Amendment agreed to. Amendment proposed: “To add to the section the following new subsection:— ‘(4) In the case of an equal division of votes on the election of the Chairman of the Committee the member to be elected shall be determined by lot.’” Amendment agreed to. Section, as amended, agreed to. (viii) Section 7. Amendment proposed: “To delete subsection (6) and substitute the following:— ‘(6) The continuing members of the Committee may act notwithstanding any vacancy in their number but, if and so long as their number is reduced below the number fixed by or pursuant to this Act as the necessary quorum for a meeting of the Committee, the continuing members of the Committee may act for the purpose of increasing the number of members of the Committee to that number but for no other purpose.’” Amendment agreed to. Section, as amended, agreed to. (ix) Section 8. Amendment proposed: “In lines 9 to 11 to delete ‘may authorise the appointment of persons other than members of the Committee to be members of the sub-committees and’.” Amendment agreed to. Section, as amended, agreed to. (x) Section 9. Amendment proposed: “In lines 18 and 19 to delete ‘of Charitable Donations and Bequests for Ireland’ and substitute therefor ‘from time to time’.” Amendment agreed to. Section, as amended, agreed to. (xi) Sections 10 and 11 agreed to. (xii) Section 12. Amendment proposed: “In subsection (a) line 51, to delete ‘officer’ and substitute ‘employee’.” Amendment agreed to. Section, as amended, agreed to. (xiii) Section 13 agreed to. (xiv) Section 14. Amendment proposed: “In line 7, to delete ‘officers or servants’ and substitute ‘members or employees’.” Amendment agreed to. Section, as amended, agreed to. (xv) Section 15. Amendment proposed: “In line 15 to delete ‘or City’ and substitute ‘and County Borough’.” Amendment agreed to. Amendment proposed: “In lines 18 to 24 delete ‘the Roman Catholic Church, the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland or the Jewish Congregations or the other religious denominations existing in the Republic of Ireland on the establishment date’ and substitute ‘any of the religious denominations specified in Article 44 of Bunreacht na hÉireann or of any other religious denomination existing in the Republic of Ireland on the establishment date’.” Amendment agreed to. Section, as amended, agreed to. (xvi) Section 16. Amendment proposed: “In page 5, line 25, to delete ‘(1)’.” Amendment agreed to. Amendment proposed: “In page 6, lines 7 and 8, to delete ‘or who are or were at any time officers of the Committee’ and substitute ‘or of the 1846 Committee’.” Amendment agreed to. Amendment proposed: “To delete paragraph (i) and substitute the following:— ‘(i) to build, construct, erect, improve and maintain buildings, chapels, monuments, headstones and structures for use or decoration in or in connection with cemeteries or burial grounds’.” Amendment agreed to. Amendment proposed: “To insert a new paragraph (i) as follows: ‘(j) to bury, inter, preserve or dispose of human remains whether in accordance with the rites, services or beliefs of any religious denomination or otherwise’.” Amendment agreed to. Section, as amended, agreed to. (xvii) Section 17 agreed to. (xviii) Section 18. Amendment proposed: “In subsection (2), line 41, to delete ‘section’ and substitute ‘sections’.” Amendment agreed to. Amendment proposed: “In subsection (2), line 42, to delete ‘remunerations to any officer or servant’ and substitute ‘remuneration to any employee’.” Amendment agreed to. Section, as amended, agreed to. (xix) Section 19. Amendment proposed: “In line 48 after ‘but’ to insert ‘with the approval of the Commissioners’.” Amendment agreed to. Amendment proposed: “In line 56, after ‘object’ to insert ‘to be approved of by the Commissioners’.” Amendment agreed to. Section, as amended, agreed to. (xx) Section 20 agreed to. (xxi) New section. Amendment proposed: “Before section 21 to insert the following new section:— ‘The Catholic Archbishop of Dublin for the time being may from time to time appoint, at the request of the Committee, a Clergyman or Clergymen of the Catholic Church to officiate as Chaplain in any of the burial grounds of the Committee and such Chaplains shall be subject to the jurisdiction of the said Archbishop and may be removed by him at any time’.” Question:—“That the new section be there inserted”—put, and agreed to. (xxii) Section 21 deleted. (xxiii) Section 22. Amendment proposed: “In line 14 after ‘being’ to insert ‘appointed in accordance with section 21 hereof’.” Amendment agreed to. Section, as amended, agreed to. (xxiv) Section 23 agreed to. (xxv) Section 24. Amendment proposed: “In line 30 after ‘assignment’ to insert ‘but subject where necessary to transfer in the books or registers of any bank, company, corporation or the Land Registry’.” Amendment agreed to. Amendment proposed: “In line 34 after ‘committee’ to insert the following:— ‘subject to all incumbrances, charges, superior interests and other rights (if any) affecting the same on the establishment date’.” Amendment agreed to. Amendment proposed: “To add to the section the following new subsection:— ‘All property transferred by this section, which immediately before the establishment date was registered in the books or registers of any bank, company, corporation or the Land Registry shall upon the request of the Committee made on or at any time after the establishment date be transferred in such books or registers by such bank, company, corporation or the Registrar of Titles into the name of the Committee.’” Amendment agreed to. Section, as amended, agreed to. (xxvi) Section 25 agreed to. (xxvii) New section. Amendment proposed: “Before section 26 to insert the following new section:— ‘Any employee in the service or employment of the 1846 Committee shall on the establishment date be transferred from the service and employment of the 1846 Committee to and become an employee of the Committee with the same rights and subject to the same obligations and incidents in respect of such service or employment as he would have had or been subject to as an employee of the 1846 Committee.’” Question:—“That the new section be there inserted”—put, and agreed to. (xxviii) Section 26 deleted. (xxix) Section 27 agreed to. (xxx) Section 28. Amendment proposed: “In subsection (1) (b), line 19, to delete ‘and servants’.” Amendment agreed to. Amendment proposed: “In subsection (2), line 33, after ‘the rules’ to insert ‘regulations or bye-laws’.” Amendment agreed to. Section, as amended, agreed to. (xxxi) Sections 29 and 30 agreed to. (xxxii) Section 31. Amendment proposed: “In line 45 to delete ‘January’ and substitute ‘August’.” Amendment agreed to. Section, as amended, agreed to. (xxxiii) Sections 32 and 33 agreed to. (xxxiv) Title agreed to. 5. Report of Committee. Draft Report brought in by the Chairman (Deputy de Valera) read a first and second time and passed follows:— 1. The Joint Committee reports that it has examined the Preamble of the Bill, has made certain drafting amendments therein and has found that the allegations therein contained have been proved to its satisfaction. 2. The Committee has gone through the Bill and has made a number of amendments thereto. 3. In considering the Bill the Committee had before it, and considered, evidence adduced and submissions made by counsel on behalf of the promoters, and reports from the Department of Justice and the Commissioners of Charitable Donations and Bequests for Ireland. The recommendations of the Department in relation to provision for the winding up or dissolution of the proposed Committee and the authentication of the seal were not acceptable to the Committee. It felt that provision for winding up or dissolution was not necessary and that the provision already in the Bill for the authentication of the seal was adequate. Apart from these two matters the recommendations contained in the two reports have been accepted and the Bill amended accordingly. Ordered: To report to both Houses accordingly. 6. Conclusion of Business. The Committee concluded its business at 4.45 p.m. |
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