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APPENDIX II.Housing (Repair and Improvement Works) Regulations, 1954 (S.I. No. 200 of 1954).
Roinn Rialtais Áitiúil. I am directed by the Select Committee on Statutory Instruments to state that they have had under consideration the Housing (Repair and Improvement Works) Regulations, 1954 (S.I. 200 of 1954). They would be glad to be furnished with a memorandum on the points referred to below which arose out of their consideration, before the 25th instant. (1) In considering Regulation 6, they have noted that it varies and extends the provisions of subsection 4 of section 12 of the Housing (Amendment) Act, 1954, under which section the regulations purport to be made. Firstly, in relation to a refusal by a housing authority to certify that a house is suitable, for the purposes of a grant under section 12, for repair or improvement, subsection 4 provides for appeal to the Minister and “if the Minister, after consideration of the appeal is satisfied that the house is so suitable, he may certify accordingly.” On this point Regulation 6 provides that in the case of an appeal “the Minister may, as he shall think proper, give or refuse such certificate.” Since the basis on which the Minister may act and the action which he may take are clearly set out in the statutory provision, the Select Committee are in doubt as to the purpose of the modification contained in the regulation and as to its effect, which prima facie, appears to be to change the criterion on which an appeal is to be judged. They would, therefore, be glad to have the modification explained and to learn the precise statutory authority for it. Secondly, although section 12 of the Act makes no reference to neglect by a housing authority to certify, Regulation 6 provides for appeal to the Minister in case of such neglect. Since the Act defines precisely in section 12 (4) the circumstances in which an appeal lies to the Minister, the question arises as to whether, apart from the question of its desirability, any extension of the right of appeal is permissible by regulation. The Select Committee would be glad to learn the precise statutory authority under which the extension purports to be made. (2) They note that the Schedules to the Regulations are given below the seal of the Minister. Since the Schedules have the same force as the regulations proper, they would be glad to learn why they were not given above the seal as in the case of the regulations proper. S. R. TÓIBÍN, Cléireach an Rogha-Choiste. An Roinn Rialtais Áitiúil, Teach an Chustaim, Baile Átha Cliath. Cléireach, Rogha-Choiste um Ionstraimí Reachtúla, Seanad Éireann, Baile Átha Cliath. In reply to your Minute of 10 Márta, 1955, I am directed by the Minister for Local Government to state that the power given to the Minister to certify, under subsection (4) of section 12 of the Housing (Amendment) Act, 1954, that a house is suitable for repair or improvement implies power to refuse to certify and the words “give or refuse” were included in the Housing (Repair and Improvement Works) Regulations, 1954, for the sake of clarity. This does not involve any extension of the provisions of subsection (4) of section 12 of the Housing (Amendment) Act. Section 12 provides that the Minister may, with the consent of the Minister for Finance and subject to regulations under the section, make certain grants. The Minister, with the consent of the Minister for Finance considered it desirable to provide in the regulations for the contingency that a housing authority might by neglecting to certify render the section inoperative in a particular case. There was no particular reason for placing the schedule to the regulations below the signature of the Minister. There has been no recognised practice with regard to the relative positions of the schedule and the testimonium. J. GARVIN, 24 Márta, 1955. |
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