Committee Reports::Report No. 02 (1954) - Statutory Instruments [80]::21 April, 1954::Report

SECOND REPORT

1. This Report has reference to eighty (80) instruments examined since the Committee’s First Report dated 17th December, 1953.


2. There does not appear to be any reason for drawing the attention of the Seanad to any of the eighty (80) instruments examined in respect of grounds (i) to (iv) inclusive of paragraph (1) of the Orders of Reference.


3. As regards ground (v) of paragraph (1) of the Orders of Reference (viz., that there appears to have been unjustifiable delay in laying any statutory rule, order or regulation before the House) the Committee is of opinion that the special attention of the Seanad should be drawn to the Vocational Education Act, 1930 (Requisitions for Birth Certificates) (Amendment) Regulations, 1953 (S.I. No. 318 of 1953). These regulations were made on 6th October, 1953 and were not presented to the Seanad until 1st December, 1953. The Department of Education have furnished an explanation of the delay (See Appendix).


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 attention of the Seanad should be drawn to Emergency Powers (No. 251) Order, 1943 (Revocation) Order, 1953 (S.I. No. 412 of 1953) and to Emergency Powers (Suspension Orders) (Revocation) Order, 1954 (S.I. No. 4 of 1954), 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 four (4) instruments, viz :— Local Government (Dublin) (Temporary), Act, 1948 (Continuance No. 1) Order, 1953 (S.I. No. 236 of 1953); Local Government (Dublin) (Temporary) Act, 1948 (Continuance No. 2) Order, 1953 (S.I. No. 376 of 1953); Emergency Powers (No. 258) Order, 1943 (Silk and Artificial Silk) (Amendment) Order, 1954 (S.I. No. 11 of 1954); and the Customs Duties (Miscellaneous Suspensions) Order, 1954 (S.I. No. 57 of 1954) there is no clear indication in the text of the document of the purpose of the instrument. Each of these instruments can be interpreted only by reference to a multiplicity of previous instruments and statutes. The Committee repeats the view expressed in its First Report that the attaching of a brief explanatory memorandum to a complicated instrument would be very desirable in the public interest.


(Signed) GEORGE O’BRIEN,


Chairman.


21st April, 1954.