Committee Reports::Report No. 03 (1954) - Statutory Instruments::23 June, 1954::Report


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Committee Reports > List of Committees > Seanad > 1954 > Select Committee on Statutory Instruments > Report No. 03 (1954) - Statutory Instruments

THIRD REPORT

1. This Report has reference to fifty-seven (57) instruments examined since the Committee’s Second Report dated 21st April, 1954.

2. There does not appear to be any reason for drawing the attention of Seanad Éireann to any of the fifty-seven (57) instruments examined in respect of grounds (i) to (iv) inclusive of paragraph (1) of the Orders of Reference.

3. 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 Seanad Éireann should be drawn to Emergency Powers (No. 277) Order, 1943 (Revocation) Order, 1953 (S.I. No. 419 of 1953) which, neither in its title nor in its text, gives any indication of the subject matter dealt with.

4. Once again the Committee calls attention to the desirability of attaching a brief explanatory memorandum to a complicated instrument, particularly an instrument the text of which gives no clear indication of its purpose, so that the effect of the instrument may be made clear to those members of the public who may be affected by or interested in it. The Committee has noted one recent case, viz., Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) Regulations, 1954 (S.I. No. 124 of 1954) of this type where the provision of an explanatory memorandum was of great assistance in interpreting the Regulations. The Committee also noted two recent cases, viz., Social Welfare (Unemployment Benefit) (Additional Condition) Regulations, 1953 (S.I. No. 375 of 1953) and Agricultural Produce (Eggs) (Amendment) Regulations, 1954 (S.I. No. 64 of 1954), where the instruments could only be interpreted by reference to a multiplicity of previous instruments and statutes and it considers that, in each of these cases, an explanatory memorandum should have been issued with the instrument.

(Signed) GEORGE O’BRIEN,

Chairman.

23rd June, 1954.