Committee Reports::Report No. 01 - Statutory Instruments::17 December, 1953::Report

FIRST REPORT

1. The Committee decided to confine itself for the present to the examination of documents Tabled since 1st April, 1953.


2. A total of one hundred (100) documents coming within the Committee’s purview was considered. In the case of eighty-six (86) of these, no reason was seen for drawing the special attention of the Seanad to any of them on any of the grounds set out in the Orders of Reference to the Committee.


3. The Committee is of opinion that the special attention of the Seanad should be drawn to the Standard Specification (School Paper Stationery) Order, 1953 (S.I. No. 170 of 1953) on ground (v) of paragraph (1) of the Orders of Reference, viz.: that there appears to have been unjustifiable delay in the laying of it before the House. The Order was made on 15th May, 1953, but was not presented to the Seanad, either in stencilled or printed form, until 3rd October, 1953.


4. As regards ground (vi) of paragraph (1) of the Orders of Reference (viz., that for any special reason, the form or purport called for elucidation) the Committee is of opinion that the special attention of the Seanad should be drawn to Emergency Powers (No. 117) Order, 1941 (Revocation) Order, 1953 (S.I. No. 218 of 1953) and to Emergency Powers (No. 329) Order, 1944 (Revocation) Order, 1953 (S.I. No. 219 of 1953), neither of which in its title or its text gives any indication of the subject matter dealt with.


5. In the case of each of the following ten (10) instruments, viz.: Milk (Maximum Prices to Retailers) Order, 1952 (Amendment) Order, 1953 (S.I. No. 115 of 1953); Customs Duties (Miscellaneous Suspensions) Order, 1953 (S.I. No. 120 of 1953); Agricultural Produce (Eggs) (Temporary Amendment) Regulations, 1953 (S.I. No. 131 of 1953); Cork District Milk Board (Levy) (Amendment) Regulations, 1953 (S.I. No. 137 of 1953); Housing (Loan Charges Contributions) (Amendment) Regulations, 1953 (S.I. No. 149 of 1953); Customs-Free Airport (Road Traffic) (Amendment) Regulations, 1953 (S.I. No. 189 of 1953); Unemployment Assistance (Second Employment Period) Order, 1953 (S.I. No. 191 of 1953); Civil Service (Remuneration) Regulations, 1953 (S.I. No. 250 of 1953); Garda Síochána Pensions Order, 1953 (S.I. No. 251 of 1953); and Defence Forces (Pensions) (Amendment) Scheme, 1953 (S.I. No. 259 of 1953), there is no clear indication in the text of the document of the purpose of the instrument. Each of these instruments can only be interpreted by reference to a multiplicity of previous instruments and statutes. The Committee considers that the attaching of a brief explanatory memorandum to a complicated instrument would be very desirable in the public interest.


6. In some cases, e.g. the Wheat Order, 1953 (S.I. No. 257 of 1953) the short title of the instrument might have been slightly enlarged to indicate what aspect of the subject matter was being dealt with.


(Signed) GEORGE O’BRIEN,


Chairman.


17th December, 1953.