Committee Reports > List of Committees > Seanad > 1955 > Select Committee on Statutory Instruments > Report No. 01 (1955) - Statutory Instruments

APPENDIX I.

Housing (Grants to Housing Authorities) Regulations, 1954 (S.I. No. 174 of 1954.)

21 Eanáir, 1955.

Rúnaí,

Roinn Rialtais Áitiúil.

The Select Committee on Statutory Instruments have had under consideration the Housing (Grants to Housing Authorities) Regulations, 1954 (S.I. No. 174 of 1954). They would be glad to be furnished with a memorandum on the matters referred to below before the 9th February, 1955.

(i) The statutory provision (Rule 4 of the First Schedule to the Housing (Financial and Miscellaneous Provisions) Act, 1932) relating to Article 4 states that houses shall in respect of their sites, etc., comply with the prescribed conditions. These conditions are prescribed by paragraph (1) of Article 4 of the regulations. Paragraph (2) of the Article purports to enable the Minister to dispense with the prescribed conditions in certain circumstances. It is not clear to the Select Committee that this power of dispensing is exercisable within the scope of the powers in exercise of which the regulations purport to be made.

(ii) The Select Committee note that the date of consent of the Minister for Finance is not stated on the instrument. They are not therefore in a position to determine the date of the instrument.

Cléireach an Rogha-Choiste.

Roinn Rialtais Áitiúil,

Teach an Chustaim,

Baile Átha Cliath.

10th February, 1955.

Cléireach,

Rogha-Choiste um Ionstraimí Reachtúla,

Seanad Éireann,

Baile Atha Cliath.

In reply to your minute dated 21 Eanáir, 1955, I am directed by the Minister for Local Government to state that the Housing (Grants to Housing Authorities) Regulations, 1954 (S.I. No. 174 of 1954) was received in this Department from the Department of Finance on 5th August, 1954, with the consent of the Minister for Finance endorsed thereon.

The Minister is advised that paragraph (2) of Article 4 of these Regulations can be regarded as one of the prescribed conditions for the purposes of Schedule 1 to the Housing (Financial and Miscellaneous Provisions) Act, 1932. Such a condition is indispensable to enable the grant provisions of section 24 of the Housing (Amendment) Act, 1952, to be administered without the necessity of prescribing individual conditions as to site, etc., in respect of each house for which a grant is sought, or alternatively prescribing the conditions in such wide and general terms that effective control would not be secured.

J. GARVIN.

Note: See also Minutes of Evidence, Questions 1 to 6.