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DÁIL ÉIREANN.

COMMITTEE ON PROCEDURE AND PRIVILEGES.

REPORT ON THE SUBJECT MATTER OF BILLS TO CONSOLIDATE STATUTE LAW.

1. A report of Sub-Committees set up by the Committees on Procedure and Privileges of both Houses to consider and report on this matter is appended to this Report. The circumstances under which the Sub-Committees were appointed are detailed in that Report, which also includes the relevant originating documents.

2. The Committee on Procedure and Privileges adopted the Report of the Sub-Committees with the following qualification. It is necessary to make it clear with respect to Paragraph 4 of that Report that the members of the Sub-Committees referred to therein as holding the view that the Seanad should be the House of origination for Consolidation Bills, were Seanad members; that the Dáil members expressed the view that the question was one for Government and that no directive to the contrary should be embodied in Standing Orders. The latter view ultimately prevailed, as the draft Standing Orders appended to that Report show. The Committee endorses the view of the members of its Sub-Committee and is of opinion that the point is one of fundamental importance.

3. The Committee recommends to the Dáil the adoption of the draft Standing Orders relative to the Dáil included in Appendix II of the Sub-Committees’ Report.

(Signed)

EAMONN O’NEILL,

Acting Chairman.

12th April, 1946.

SUB-COMMITTEES OF THE COMMITTEES ON PROCEDURE AND PRIVILEGES OF BOTH HOUSES.

REPORT ON THE SUBJECT MATTER OF BILLS TO CONSOLIDATE STATUTE LAW.

1. Consideration of this matter in the Oireachtas originated in letters in similar terms from the Minister for Justice dated 18 Eanáir, 1946, addressed to the Ceann Comhairle and to the Cathaoirleach. A copy of the letters is reproduced in Part 1 of Appendix I to this Report.

2. Following receipt of the letters, the subject matter was placed upon the Agendas of the Committees on Procedure and Privileges of the Dáil and of the Seanad, and Minutes of the Committees setting up Sub-Committees for its joint consideration are printed in Part 2 of Appendix I.

3. At their first meeting, at which the Parliamentary Secretary to the Taoiseach was appointed Chairman, the Committees discussed a skeleton procedure. During further meetings and as a result of suggestions made to them, the Committees agreed to submit to their main Committees the draft Standing Orders included in Appendix II to this Report.

4. At the outset of their consideration and as a decision on the point would affect the form of the Standing Orders the Committees considered the question: In which House should Consolidation Bills originate? During the ensuing discussion there emerged a sharp difference of opinion on the point and eventually the Committees decided to frame the Standing Orders on the basis that Consolidation Bills might be initiated in either House, leaving open the final decision to Government as and when occasion requires. Certain members of the Committees, however, were strongly of the view that the Seanad should be the House of origination. The point is not regarded as one of fundamental importance, but in view of the clash of opinion which it evoked reference to paragraph 8 (page 7) of the Report of the Commission on the Second House of the Oireachtas (1936), and to paragraph 23 (page 23) of the Additional Report of the Chairman of that Commission, might be of assistance.

5. On the draft Standing Orders, which they submit, the Committees desire to offer the following explanatory notes. It is per haps unnecessary to say that if the proposed Standing Orders are accepted in principle by the main Committees, the Orders will, of course, be open to amendment by the Houses themselves, initially, and from time to time as experience shows to be necessary.

6. In general, the Committees desire to say that they have taken the procedure prescribed by existing Standing Orders for Provisional Order Confirmation Bills—which seem to them to be somewhat analogous in character, inasmuch as they are also machinery Bills—and adapted it to the needs, as they conceive them, of the new type of proposals for consolidatory legislation. They suggest, however, some innovations in that procedure regarding which they offer more detailed observations.

7. The first of these innovations is the introduction of a special form of “reasoned” amendment on Second Stages of Bills. Members will be aware that the existing Standing Orders provide for two forms of “reasoned” amendment in the Dáil, and for one in the Seanad, the effect of either of which, if carried, is held to be equivalent to what is colloquially known as “killing the Bill”. The amendments are really negative of the motion: “That the Bill be now read a second time.” Seeing that the issue in the particular case with which the Committees are concerned is: whether or not certain laws should be consolidated: and can be decided on the direct, question: “That the Bill be now read a second time”—which the Committees propose to retain—they suggest dispensing with these amendments but they embody a proposal made to the Committees. That is, to substitute a special type of “reasoned” amendment in order to provide a method of challenging the Certificate of the Attorney General (referred to in the third paragraph of the letter from the Minister for Justice), in cases where it is considered dissatisfaction with the Certificate requires to be expressed.

8. On the Committee Stage, as a further innovation, the Committees suggest the establishment of a Standing Joint Committee representative of both Houses (with the Minister in charge of the Bill an ex-officio member) to which Consolidation Bills would be referred for detailed consideration. The Committees suggest a Standing Committee to avoid frequent changes in personnel and in order that the Houses may be assisted by what in time, and after experience of the work, might come to be, in nucleus, a specialised Committee.

9. The Committees consider that the number of members of the Standing Committee should not exceed three from each House, but they recommend that the respective Committees of Selection should be empowered to add such number of members, not exceeding three (from each House), for the purpose of considering any particular Bill committed to the Standing Committee. By this method the Committees hope to make available for the work of the Standing Committee a greater degree of specialised knowledge than would be the case were membership static.

10. The Committees considered a suggestion made to them to associate with the Standing Committee as professional assessor, an officer on the staff of the Parliamentary Draftsman, in lieu of empowering the Committee to send for persons, papers and records. The Committees decided not to accept the suggestion for the reason, among others, that they considered that the wider power was essential until the work of the Standing Committee had become standardised.

11. As regards amendments in Committee and on Report, the Committees suggest the restriction of amendments to amendments designed—in the terms of the letter from the Minister for Justice— to be “for the removal of ambiguities and inconsistencies, the substitution of modern for obsolete or inconvenient machinery or the achievement of uniformity of expression or adaptation to existing law and practice”; substantive amendments to be excluded.

12. To give effect to another suggestion made to the Committees, they provide certain minimum periods between the Stages of Bills.

13. If Consolidation Bills originate in the Seanad, the Committees recommend that the First, Second and Third Stages in the Dáil should be waived. If, however, the Bills are initiated in the Dáil, these Stages should be similarly waived in the Seanad.

14. Having concluded their notes on the. draft Standing Orders, the Committees wish to emphasise a suggestion made to them by several members, to the effect that each Consolidation Bill should be accompanied by a detailed explanatory Memorandum covering points to which it is particularly wished to draw the attention of the Oireachtas, and in which would be clearly indicated the nature and extent of the amendments proposed to be made in the existing Statute Law. Provision is made for this in subsection (3) of proposed Standing Order 1.

The Committees suggest more specifically that the Memorandum should contain:—

(i) a short historical outline of the existing Statute Law on the particular subject which it is desired to consolidate;

(ii) an analysis, in columnar form, of the existing statutory provisions and the manner in which such provisions are reproduced in the Consolidation Bill. Such analysis should set forth in the first column a reference to each section of each statute which is in force at the date of the introduction of the Consolidation Bill; in the second column a reference to the section or sections of the Consolidating Bill which is, or are, designed to reproduce the effect of the corresponding section in the existing statute law; and in the third column, a note as to whether the section of the existing statute law is reproduced word for word in the Consolidation Bill, or, in case it is not so reproduced, an explanation as to how the effect of such section is preserved and secured in the Consolidating Bill;

(iii) such further or other notes and explanations as the Attorney General may consider to be necessary or convenient.

(Signed) EAMON O CÍOSÁIN,

Chairman.

3rd April, 1946.

FO-SCRIBHINN I.

APPENDIX I.

CUID 1.

PART 1.

(Litir ón Aire Dlí agus Cirt.)

(Letter from Minister for Justice.)

(Cóip)

(Copy)

Roinn Dli AGUS Cirt,

(Department of Justice)

Baile Atha Cliath,

(Dublin).

116/104.

18 Eanáir, 1946.

A Chara,

The question of consolidation of statute law, including the pre-1922 statutes so far as they are still in force, has been under consideration for some time, and the Government have now approved of a scheme for that purpose.

The scheme contemplates the consolidation of all the statute law. In those cases in which there happens to be only a single statute relating to a particular subject, the scheme contemplates the re-enactment in modern form and language of that statute, if it is of the pre-1922 era. In the process of consolidation or in the re-enacting of a single statute, no substantive amendments will be introduced, but amendments designed merely to remove ambiguities and inconsistencies, to substitute modern for obsolete or inconvenient machinery, or to achieve uniformity of expression or adaptation to existing law and practice may be included.

Consolidation Bills will be prepared in the Parliamentary Draftsman’s Office. Every draft Bill will be examined by the Attorney General who, for this purpose, will, when he thinks it necessary to do so, obtain the assistance of an expert in the particular branch of the law which is the subject of the Bill. When the Attorney General is satisfied that a Bill is a true Consolidation Bill in the sense that it reproduces the existing enactments with such minor amendments only as are mentioned in the preceding paragraph, and does not include any substantive amendment of the law, he will furnish a certificate to that effect. This certificate will accompany the Bill on its introduction. The Minister in charge of the Department mainly concerned with the particular branch of the law which is the subject of a Consolidation Bill will be responsible for sponsoring the Bill in the course of its passage through the Dáil and Seanad. In the case of Bills for the consolidation of branches of the law not administered by, or directly concerning, any Department, the Minister responsible will be the Minister for Justice.

The undertaking is a heavy one and its success will depend, to a large extent, on the co-operation of the Dáil and Seanad. It has, accordingly, been decided that both Houses should be acquainted at once of the Government’s intention and that the Committee on Procedure and Privileges of each House should be invited to consider the matter with a view to recommending the adoption of such new rules of procedure or such modifications in the existing rules as might seem to the Committee practicable and desirable with a view to facilitating the passage of Consolidation Bills.

I shall, accordingly, be obliged if you will be so good as to inform Seanad Eireann/Dáil Eireann of these proposals and if you will also take the necessary steps to have the matter considered by the Committee on Procedure and Privileges as soon as may be convenient.

A letter in similar terms is being addressed to the Cathaoirleach/Ceann Comhairle.

Mise, le meas,

(Signed) G. BOLAND,

Aire Dlí agus Cirt.

CUID 2.

PART 2.

DÁIL EIREANN.

AN COISTE UM NOS IMEACHTA AGUS PRIBHLEIDI.

COMMITTEE ON PROCEDURE AND PRIVILEGES.

(Sliocht as Miontuairiscí Chruinniú an Déardaoin, 31ú Eanáir, 1946.)

(Excerpt from Minutes of Meeting, Thursday, 31st January, 1946.)

Consolidation of Statute Law.

A letter from the Department of Justice to the Ceann Comhairle was read regarding the desirability of the adoption of special Parliamentary procedure to facilitate the passage into law of consolidation measures. A communication from the Cathaoirleach of the Seanad addressed to the Ceann Comhairle was also read intimating that the Seanad Committee on Procedure and Privileges had nominated three Senators to serve on a Sub-Committee which would investigate the matter jointly with a similar Sub-Committee of the Dáil if the Dáil Committee on Procedure and Privileges agreed.

The Committee agreed to refer the question to a Sub-Committee to meet the Seanad Sub-Committee and to make recommendations in the matter. The following members were appointed to the Sub-Committee:—The Parliamentary Secretary to the Taoiseach; Deputies E. Coogan and Dillon.

SEANAD EIREANN.

AN COISTE UM NOS IMEACHTA AGUS PRIBHLEIDI.

COMMITTEE ON PROCEDURE AND PRIVILEGES.

(Sliocht as Miontuairiscí Chruinniú na Céadaoine, 23ú Eanáir, 1946.)

(Excerpt from Minutes of Meeting of Wednesday, 23rd January, 1946.)

Consolidation of Statute Law.

The Committee took into consideration a letter dated 18th January, 1946, which had been received by the Cathaoirleach from the Minister for Justice on the subject matter of procedure in the Oireachtas in respect of Bills to consolidate statute law.

The Committee was in agreement that the work of consolidation was a most necessary one and expressed its desire to co-operate in setting up the requisite Parliamentary machinery.

As a preliminary the Committee requested the Cathaoirleach to write to the Ceann Comhairle suggesting the formation, by the Committees on Procedure and Privileges of both Houses, of Sub-Committees to join together to formulate identic Standing Orders for the governance of procedure on Consolidation Bills.

In the expectation, furthermore, that the Dáil Committee would be agreeable to the foregoing suggestion, and to expedite consideration of the matter, the Seanad Committee nominated as its Sub-Committee:—Senators Douglas, Hearne and Kingsmill Moore to meet the Dáil Sub-Committee if, and when, set up.

APPENDIX II.

DRAFT STANDING ORDERS FOR THE DÁIL.

CONSOLIDATION BILLS,

Definition and Introduction.

1. (1) A Bill the purpose of which as expressed in the Long Title is to consolidate existing Statute Law on a particular subject matter, and is so certified by the Attorney General in a Certificate which shall accompany the Bill on introduction, shall be known as a Consolidation Bill.

(2) The Certificate provided for in the preceding subsection of this Standing Order shall be printed on the Order Paper on which notice is given of intention to introduce such Bill.

(3) Every Consolidation Bill shall have prefixed to it a Memorandum prepared by the Attorney General in which shall be specified the enactments repealed by the Bill, the sections of the Bill in which the repealed enactments are reproduced together with the remarks of the Attorney General on any textual amendments made.

(4) If leave to introduce a Consolidation Bill be given, an Order for its Second Stage shall be made for a date not earlier than 28 days after its introduction and the Bill and the Memorandum shall be printed.

Second Stage.

2. (1) On the Second Stage of a Consolidation Bill the only amendment which may be moved to the motion: “That the Bill be now read a second time,” is one proposing the omission of all words after the word “That” in order to substitute words stating a reason or reasons in challenge of the Certificate of the Attorney General.

(2) If on the amendment to the question: “That the Bill be now read a second time,” it is decided that the words proposed to be omitted stand part of the Question, the Bill shall forthwith be declared to be read a second time.

Bill referred to Standing Joint Committee.

3. Every Consolidation Bill after having passed its Second Stage shall with the concurrence of both Houses be referred to a Standing Joint Committee consisting of Select Committees of each House joined together for the purpose of consideration of such Bills (S. 0.). In the absence of such concurrence the Bill may be referred to a Select Committee of the Dáil.

4. On motion made in the Dáil in the case of a Consolidation Bill originating in the Seanad, to concur with the Seanad as to the expediency of referring the Bill to the Standing Joint Committee, the only amendment which may be moved is one stating a reason or reasons in challenge of the Certificate of the Attorney General.

5. When a Consolidation Bill has been read a second time in the originating House and a resolution of concurrence in the reference of the Bill to the Standing Joint Committee has been passed by the other House, Orders for the committal of the Bill to the Standing Joint Committee shall be made by both Houses for a date not earlier than 14 days after the passage of the resolution of concurrence.

Proceedings in relation to Standing Joint Committee on Consolidation Bills.

6. (1) There shall be appointed at the commencement of each Dáil a Select Committee which shall be joined with a similar Select Committee of the Seanad to constitute the Standing Joint Committee on Consolidation Bills. The Select Committee shall, subject to the provisions of the next succeeding subsection, consist of three Deputies to be nominated by the Committee of Selection. The quorum of the Select Committee shall be two.

(2) The Committee of Selection shall be empowered to add to the Select Committee on a Consolidation Bill such number of Deputies, not exceeding three, for the purpose of considering any particular Bill committed to the Standing Joint Committee.

(3) The Minister responsible for the Department the statute law in respect of which is dealt with in a Bill shall be an ex officio member of the Standing Joint Committee but such Minister may nominate the Parliamentary Secretary attached to his Department to be such ex officio member in his stead.

(4) The Standing Joint Committee shall elect from its members as Chairman a member of either House.

(5) If the Chairman of the Standing Joint Committee be absent from a meeting of the Committee on a Bill, the Chair shall be taken by such member of the Committee as the Committee may choose.

7. The Standing Joint Committee shall have power to send for persons, papers and records.

8. In the Standing Joint Committee on a Consolidation Bill the only permissible amendments shall be amendments designed to be for the removal of ambiguities and inconsistencies, the substitution of modern for obsolete or inconvenient machinery or the achievement of uniformity of expression or adaptation to existing law and practice. Amendments of the nature of substantive amendment of the Statute Law shall not be in order.

9. The Report of the Standing Joint Committee upon every Consolidation Bill shall be laid upon the Table of both Houses and the Bill shall be set down for Report Stage in the originating House on a date not earlier than 28 days thereafter.

Fourth Stage.

10. On the Report Stage amendments shall be restricted similarly as in the Standing Joint Committee (S. 0.) and the Fifth Stage shall be fixed for a date not earlier than 14 days thereafter.

Waiver of Stages.

11. In the case of a Consolidation Bill originating in the Seanad, the Bill shall on its receipt in the Dáil after being passed by the Seanad be set down for Report Stage, the First, Second and Third Stages being waived.

DRAFT STANDING ORDERS FOR THE SEANAD.

CONSOLIDATION BILLS.

Definition and Introduction.

1. (1) A Bill the purpose of which as expressed in the Long Title is to consolidate existing Statute Law on a particular subject matter, and is so certified by the Attorney General in a certificate which shall accompany the Bill on introduction, shall be known as a Consolidation Bill.

(2) The Certificate provided for in the preceding subsection of this Standing Order shall be printed on the Order Paper on which notice is given of intention to introduce such Bill.

(3) Every Consolidation Bill shall have prefixed to it a Memorandum prepared by the Attorney General in which shall be specified the enactments repealed by the Bill, the sections of the Bill in which the repealed enactments are reproduced, together with the remarks of the Attorney General on any textual amendments made.

Second Stage.

2. (1) On the Second Stage of a Consolidation Bill the only amendment which may be moved to the motion: “That the Bill be now read a second time” is one proposing the omission of all words after the word “That” in order to substitute words stating a reason or reasons in challenge of the Certificate of the Attorney General.

(2) If on the amendment to the question: “That the Bill be now read a second time” it is decided that the words proposed to be omitted stand part of the question, the Bill shall forthwith be declared to be read a second time.

Bill referred to Standing Joint Committee.

3. Every Consolidation Bill after having passed its Second Stage shall, with the concurrence of both Houses, be referred to a Standing Joint Committee consisting of Select Committees of each House joined together for the purpose of consideration of such Bill (S. O. ). In the absence of such concurrence the Bill may be referred to a Select Committee of the Seanad.

4. On motion made in the Seanad, in the case of a Consolidation Bill originating in the Dáil, to concur with the Dáil as to the expediency of referring the Bill to the Standing Joint Committee, the only amendment which may be moved is one stating a reason or reasons in challenge of the Certificate of the Attorney General.

Proceedings in relation to Standing Joint Committee on Consolidation Bills.

6. (1) There shall be appointed at the commencement of each Seanad a Select Committee which shall be joined with a similar Select Committee of the Dáil to constitute the Standing Joint Committee on Consolidation Bills. The Select Committee shall, subject to the provisions of the next succeeding subsection, consist of three Senators to be nominated by the Committee of Selection. The quorum of the Select Committee shall be two.

(2) The Committee of Selection shall be empowered to add to the Select Committee on a Consolidation Bill such number of Senators, not exceeding three, for the purpose of considering any particular Bill committed to the Standing Joint Committee.

(3) The Minister responsible for the Department the Statute Law in respect of which is dealt with in Bill shall be an ex officio member of the Standing Joint Committee but such Minister may nominate the Parliamentary Secretary attached to his Department to be such ex officio member in his stead.

(4) The Standing Joint Committee shall elect from its members as Chairman a member of either House.

(5) If the Chairman of the Standing Joint Committee be absent from a meeting of the Committee on a Bill, the Chair shall be taken by such member of the Committee as the Committee may choose.

7 The Standing Joint Committee shall have power to send for persons, papers and records.

9. The Report of the Standing Joint Committee upon every Consolidation Bill shall be laid upon the Table if both Houses and the Bill shall be set down for Report Stage in the originating House on a date not earlier than 28 days thereafter.

Fourth Stage.

10. On the Report Stage amendments shall be restricted similarly as in the Standing Joint Committee (S. O.) and the Fifth Stage shall be fixed for a date not earlier than 14 days thereafter.

Waiver of Stages.

11. In the case of a Consolidation Bill originating in the Dáil, the Bill shall on its receipt in the Seanad after being passed by the Dáil be set down for Report Stage, the First, Second and Third Stages being waived.