Dillon, James MatthewFriday, 20 October 1944 |
Dáil Éireann Debate
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Why do you leave out the word “reasonable”?
Then that is why you left it out, because you did not want to give the High Court an opportunity of interpreting it.
If the Parliamentary Secretary is prepared to be reasonable, I suggest he should put the word “reasonable” in the Bill. Do not stickle over one word.
Let us have a decent compromise — put in “reasonable”.
The Parliamentary Secretary says: “I took this section out of the 1925 Act. In effect, it is the same section, so what is all the bother about?” Then he takes up the section and reads it and we dis...
Now, it is not a printer's error. Someone in the Board of Works went through the sections and said to the Parliamentary Secretary: “Let us take out this word; we do not know what might happen if anyo...
The tendency of the Board of Works is to crush anyone who may be likely to bring them to the High Courts. If anyone who brings them to the High Courts succeeds in an action it might then be necessary...
All that can be avoided, in my opinion, by inserting the word “reasonable”.
They took out the word “reasonable” so that no one will have a right to go to the courts later on; they took out that word lest an adverse decision for the Board of Works might arise. The Parliamenta...
On the section, is the Parliamentary Secretary prepared to give us back the word “reasonable”? He intervened at one stage to ask who is going to determine what is reasonable or what is not reasonable....
I will tell you. When you formulate a scheme it is under the authority of that scheme you can enter a citizen's land, alter the river bed there, and so on, but you are limited by the terms of your ow...
Is not that what you can do?
Deputy Hughes has mentioned his apprehensions. What I apprehend is that the Minister might seek to do under Section 9 that which substantially he ought to do under Section 12.
I am submitting to the Parliamentary Secretary that it is hard to avoid that danger without unduly and improperly restricting him. We do not desire either unduly or improperly to restrict his reasona...
I agree with the Parliamentary Secretary, but our whole purpose is to prevent that from coming under Section 9.
Hear, hear!
Then we are all agreed. Put in “reasonable” and all will be well.
You have to go through the whole paraphernalia.
Let us assume that the Parliamentary Secretary is correctly interpreting the situation: what conceivable objection can he have to putting in the word “reasonable”? It has been in the Drainage Act sin...
Why did you take out “reasonable”? Will the Parliamentary Secretary tell the House the case in which it was found that the word “reasonable” constituted itself a snag which actuated him to take the ...
Nobody wants to limit the Parliamentary Secretary's powers but surely the Parliamentary Secretary is not so long removed from rural Ireland as to fail to recognise that what is of immense importance t...
The Parliamentary Secretary is not familiar with the law of libel — what a reasonable man would believe.
Really to hear a member of the Government saying that he is not prepared to leave to the High Courts of this country the interpretation of the word “reasonable” is to advance to an extremely extravaga...
The Deputy has too relevant a mind to attempt by a red herring of that kind to deflect us from the matter we are discussing at the moment. We are discussing the Parliamentary Secretary's dictum, his...
Not at all. I remember the Chief Justice in the High Court had the impertinence on that occasion to say that a Fianna Fáil Attorney-General had outstepped the limits of his discretion.
I respectfully submit, Sir, that I am not.
I am only relating it to the interpretation of the word “reasonable” in this section.
I am referring to the necessity of having some determination of the word “reasonable”.
I am dealing with that. I think the High Court is an eminently suitable tribunal for the purpose of determining what is reasonable. The Parliamentary Secretary is referring to his earlier view and th...
I think I am entitled to say that if the Parliamentary Secretary wants to expedite the passage of this Bill, he must make reasonable concessions to the Opposition, and if he does not the Opposition is...
That may take a long time. We are trying to help the Parliamentary Secretary to get the Bill through expeditiously and the way to do that is by making reasonable concessions at the appropriate time. ...
| Last Updated: 18/05/2011 21:36:38 |
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