Committee Reports::Report No. 02 - Statutory Rules, Orders and Regulations::06 April, 1949::Appendix

I have been instructed by the Seanad Committee on Statutory Rules, Orders and Regulations set up pursuant to a Resolution of Seanad Eireann of 29th July, 1948, a copy of which is enclosed, to state that they have had under consideration the undermentioned Articles of the Orders indicated:—

The Committee would be obliged if you would be good enough to furnish particulars of the instances, if any, in which the Minister has given directions under these Articles and the reason in each case why it was not possible or feasible to achieve the desired end by means of an Order. If the number of cases is very large the Committee would be satisfied with a fair selection.

I am also to enquire whether it is envisaged that wide use will be made of these Articles in the future and what are the circumstances forseen in which their use would be necessary or advisable. The Committee also wishes to know whether Directions are published or otherwise made available to the public.

Any other information regarding the use of this type of Article which you can give to the Committee would be appreciated.

Mise, le meas,

(Signed) M. J. Healy,

Cléireach don Choiste.

I am directed by the Minister for Industry and Commerce to refer to your letter of the 4th instant regarding certain Articles of the Orders fixing maximum prices for margarine, molassed sugar, beet pulp and onions. I am to say that the Articles in question have not been utilised for the purpose of issuing Directions amending or varying the terms of the original Order. It is considered improbable that circumstances will arise in the future which will necessitate the issue of Directions in the case of these Orders. The Order relating to onions has, in fact, been revoked as from the 12th February, 1949, by the Onions (Maximum Prices) (No. 3) Order, 1948 (Revocation) Order, 1949.

In regard to the general question of the issue of Directions I am to inform you that experience during the Emergency showed that it was desirable that a certain element of flexibility should be introduced into Price Orders so that situations of exceptional difficulty which arose from time to time might be dealt with effectively and expeditiously. It has happened on a number of occasions that limited quantities of certain commodities were imported at a landed cost which made it impossible to sell the commodities at the maximum prices prescribed by Order. Where the circumstances justified this course Directions were issued relaxing the requirements of the Orders so as to enable the commodities in question to be sold at prices higher than those specified in the Orders. In general, however, the practical importance of the Directions which were issued was small and the circumstances would not have justified the making of a considerable number of amending Orders to deal with the problems of minor importance which arose from time to time. It was in these circumstances that recourse was had to the issue of Directions which were in essence an administrative convenience.

Very few Directions have been issued in recent times. The principal ones extant are those relating to bicycles, sausages and jams. Where bicycles are concerned the difficulty is that the basic Order would have been inordinately lengthy if it were made to apply to every model assembled in the country. It was considered preferable in the circumstances to limit the operation of the Order to the principal models of bicycles and to issue Directions regarding price in the case of the small number of diverse models assembled by the smaller firms. There is the consideration also that the introduction of new models would ordinarily necessitate frequent amendments of the basic Order. The use of the Direction clause for the purpose of prescribing maximum prices for new models obviates the necessity for making amending Orders and has proved to be a more practical and satisfactory method of dealing with this difficulty.

In the case of sausages the Direction which has been issued authorises a particular manufacturer to charge a price higher than that prescribed in the Order for pork sausages of a specially high quality which it manufactures. Where jams are concerned Directions which have been issued authorise the charging of a higher price for limited quantities of imported jams, the c.i.f. cost of which made it impossible to sell the jams at the controlled prices.

In general the practical importance of such Directions as have been issued is very limited and while it has not been the practice to publish Directions they are, on being made, conveyed to the parties concerned and they are also made available to the public on request. Apart from the fact that Directions are of limited public interest there is the consideration that the publishing of Directions might possibly have an adverse effect on the businesses of the parties concerned in certain circumstances.

I am to add that experience has shown that there is little necessity for the issue of Directions in present circumstances and consequently arrangements are being made to omit Direction clauses from new Orders unless it is evident that there will be a real necessity for issuing Directions in a particular case.

Mise, le meas,

FO-SCRIBHINN I.

APPENDIX I.