Collins, GerardThursday, 19 November 1987 |
Seanad Eireann Debate
Page of 7
|
It happens to all of us.
That is the most ingenious way I ever experienced during my membership of the Oireachtas of having an amendment moved without having an amendment tabled. The purpose of Senator Ryan's suggestion woul...
I am advised that the matter raised by both Senators is catered for in the Censorship of Publications Act, 1929, section 18. I do not know whether I should read it to the House. If the House likes I...
That is fair enough. Section 18 reads:
I accept that and to help the Senator in the framing of his amendment I should tell him that our legal people had difficulty with regard to getting the word “picture” to cover a video film whereas a v...
The question of classifying video films for limitation of supply according to the age of the purchaser or the renter of the film was considered very carefully when the Bill was being drafted. There ca...
We must be careful on the copyright point. That is a totally separate point and we will be coming to that later. I very much hope and I want as much as anybody here to put that right too. It is a se...
Section 2(1)(g) provides that the supply of video recordings for the purposes of use in training or carrying on of a medical or related occupation shall be an exempted supply. The amendment seeks to ...
I thank Senator Ryan for his comments in relation to this amendment. The purpose of paragraph (c) is explained in paragraph 23 of the explanatory and financial memorandum which was circulated. Certai...
I appreciate the points raised by Senator Ryan. I would like to give further consideration to those points. Perhaps the Senator might give me an opportunity of doing that and we will leave it for Re...
I could not believe that the Senator would wear an illiberal hat.
Is the Senator a smoked salmon socialist?
If the Senator does not like smoked salmon he could substitute champagne.
I agree totally with the views expressed by Senator Ryan. I am sure every Member of this House would share that view. We all do. We not alone share it but strongly support that view. I believe tha...
The question of a licensing system for suppliers was considered when the Bill was being drafted and I referred to it in my Second Stage speech and in reply to the debate on that Stage. On balance it ...
That would be in breach of the Casual Trading Act.
May I interrupt?
So do I. I do not think there could be any valid objection to the Senator tabling a specific amendment on Report Stage.
These amendments are related to cases where the official censor has issued a certificate under the Censorship of Films Act, 1923, in respect of a video film authorising its exhibition in the cinema. ...
Senator Ryan raised an exceptionally important point. We gave very serious consideration to the points raised by the Senator to see if we could incorporate into the legislation the protections he ref...
The effect of amendments Nos. 13 and 15 would be to cause section 3 (1) (a) (i) to read: “... would be likely to cause or incite persons to commit crimes...”. The effect of that would be to omit “enc...
Section 3 (1) (a) includes, among the grounds for refusing a supply certificate for a video work, the fact that in the censor's opinion the viewing of the work would be likely to cause persons to comm...
I accept the amendment and I thank the Senator for raising the matter. Amendment agreed to.
Section 3 as drafted provides that it shall be a ground for refusing a supply certificate that the showing of a video work would be likely to stir up hatred against groups of persons on account of the...
I am prepared to look at what the Senator has said, having regard to what is incorporated in existing European legislation. My advisers are not aware of the existence of what the Senator is suggestin...
Amendment No. 19 would replace section 3 (1) (a) (iii) relating to video works containing obscene or indecent matters with a new subparagraph with two differences: the first is that the video work wou...
The Minister is younger.
Not necessarily. I speak from my own experience of having had to look at them. There is one particular video the first 90 per cent of which could be and should be regarded as unsavoury but certainly...
There was another film of which the first ten or 15 minutes were gruesome and totally objectionable and the rest of it was a load of rubbish — total rubbish.
The Minister did not.
That was purely for professional reasons.
I accept that a pornographic film will not corrupt perhaps 80 per cent of the people looking at it. If, however, it depraves 20 per cent of the people who look at it then I would say it should be ban...
I can understand the point raised by Senator Norris and that is why I believe that what we are doing in this Bill is right and proper. It is a difficult area. I have no doubt that Senator Ryan hold...
I understood that we were going to break for lunch in the normal way. I set the whole day aside for this Bill.
There is not any way, in my view, that we will have all these amendments finished by 2 p.m. I am prepared to go on until 1.30 p.m. Government amendment No. 21: In page 6, between lines 8 and 9, to in...
I believe this amendment would introduce a completely unnecessary complication and might involve much waste of time in the Official Censor's office. If the censor sees that a large amount of the earl...
May I suggest to Senator Norris that if he looks at section 6 he will not have any worries or concern because section 6 clearly says that: “If the Official Censor, having examined a video ...” That su...
There is a very subtle difference between the two words. I will have a look at it between now and Report Stage. Amendment, by leave, withdrawn. Sitting suspended at 1.30 p.m. and resumed at 2.30 p.m.
I oppose this amendment on the grounds that it is unnecessary to make it an offence to apply for a supply certificate for a video work of which somebody else owns the copyright, an offence, moreover, ...
I would like to say to the Senator that I have already conveyed a number of comments made during the earlier part of the debate on this Bill to the Minister for Industry and Commerce bearing in mind t...
I am very firmly of the view that it would be quite inappropriate to include in the Act a particular requirement as to the composition of the censorship of films appeal board when there is no special ...
I believe on reflection most Members would agree with me that it would be undesirable to have representatives on the board for the purpose of protecting their interests or being seen to represent thei...
I should say in reply to Senator Ferris that there are already nine members on the board. If a nine member board are not capable of doing the job of work entrusted to them, which I believe they are a...
For Senator Hogan's benefit I should say that there is no cost factor. Amendment, by leave, withdrawn. Question proposed: “That section 9 stand part of the Bill.”
There is a delay in the operation in the film censor's office at present.
I would like to assure the Senator that there will be extra staff appointed to deal with the volume of work. On the issue of release dates this can be discussed between the censor and the trade. Ques...
These amendments can be considered together as they are both drafting amendments. Amendment No. 53 is to correct a drafting defect. Section 10 (1) in its present form penalises a person who, whether...
I would like to thank the Senator and also Senator Cassidy for their comments in this area. I am satisfied that our Bill is very carefully drafted to ensure that the official labels are available onl...
I am sure the Senator will agree that is more than adequately covered in the Bill. It is something we are conscious of and it is necessary if the Bill is to be as effective as we want it to be. Quest...
Section 16, as drafted, empowers an officer of Customs and Excise to detain a video recording being imported into the State if, in his opinion, it ought to be examined by the official censor and to re...
Perhaps the Senator would accept that the question of labelling only comes into being when the actual video is in.
In reply to Senator Norris, the customs officer already has some powers and he has a discretion to exercise those powers. We are giving him room to manoeuvre to continue the exercise of these powers ...
I certainly will be very happy to give that undertaking. Amendment, by leave, withdrawn. Section 16 agreed to.
Section 17 empowers a justice of the District Court to issue a search warrant in the circumstances specified in the section authorising the Garda to search specified premises or places in order to sea...
I said on Second Stage that it might be necessary to move an amendment to section 21 to change the references to 1988 in subsections (a) and (b). It now appears that such an amendment will be require...
With regard to the next Stage——
With regard to the next stage of the Bill and having regard to the discussion which we had here today and the discussion on 4 November, I have given a commitment to give further thought, in particular...
I have also given Senator Ferris a commitment that I will convey my decision to him before the date for the Fourth Stage is agreed so that he will not be unaware of what I am doing in case he wants to...
I want to make sure the Senator is given as much notice as possible bearing in mind what I want him to be able to do.
| Last Updated: 13/09/2010 21:46:00 |
Page of 7
|