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

APPENDIX IV.

Rodents and Insectivora (Restriction on Importation) Order, 1954 (S.I. No. 114 of 1954).

(1)

3rd July, 1954.

A Chara,

I am directed by the Select Committee to refer to the Rodents and Insectivora (Restriction on Importation) Order, 1954 (S.I. No. 114 of 1954) and to request an explanation as to why, having regard to the provisions of Section 29 of the Diseases of Animals Act, 1894, as adapted by the Adaptation of Enactments Act, 1922, this instrument, which was made on 26th May, 1954, has not yet been laid before Seanad Éireann.

(2)

An Roinn Talmhaíochta,

Baile Átha Cliath.

5 Lúnasa, 1954.

Cléireach,

Coiste an tSeanaid ar Ionstraimí Reachtúla.

With reference to your communication of 3rd July about the question of the presentation to Seanad Éireann of the Rodents and Insectivora (Restrictions on Importation) Order, 1954, I am directed by the Minister for Agriculture for Agriculture to state that, as indicated in the attached copy of this Department’s minute to the Attorney-General in the matter, Section 29 of the Diseases of Animals Act, 1894, was regarded as applying only to an Order in relation to the actual landing or conveyance of “Foreign Animals” being admitted to this country. In view of the advice given in the reply (copy also attached) from the Attorney-General’s Department arrangements have now been made for the presentation to both Houses of the Oireachtas of the Rodents and Insectivora (Restriction on Importation) Order, 1954.

Any inconvenience caused to the Senate Select Committee on Statutory Instruments by non-presentation of the Order earlier is regretted.

Rúnaí C.

(3)

15 Iúil, 1954.

Árd Aighne,

With reference to the attached copy of a communication received by this Department from the Senate Select Committee on Statutory Instruments about the question of the presentation to the Senate of the Rodents and Insectivora (Restriction on Importation) Order, 1954—copy also attached—I am directed by the Minister for Agriculture to state that it has been the practice to regard Section 29 of the Diseases of Animals Act, 1894, as applying only to an Order in relation to the actual landing or conveyance of “Foreign Animals” being admitted to this country. Accordingly, no order made previously under the Diseases of Animals Acts prohibiting the import of animals, etc. has been presented to the Oireachtas.

The Minister will be glad to be advised whether the section in question should be regarded as applying to the Rodents and Insectivora (Restriction on Importation) Order, 1954.

Rúnaí C.

(4)

Oifig an Ard Aighne,

Baile Átha Cliath.

21st July, 1954.

Mr. Nagle,

Assistant Secretary,

Department of Agriculture.

With reference to your enquiry of the 15th instant (Ref. No. 8/2/30), the Attorney-General considers that while some case can be made for the practice followed in the past it would be more in accord with the spirit as well as the letter of Section 29 of the Diseases of Animals Act, 1894, that Orders dealing with importation of foreign animals were tabled in future in accordance with the provisions of that section as adapted.

P. P. O’DONOGHUE.

(5)

11 Márta, 1955.

Rúnaí

Roinn Talmhaíochta.

I am directed by the Select Committee on Statutory Instruments to state that they have had under consideration the Rodents and Insectivora (Restriction on Importation) Order, 1954 (S.I. No. 114 of 1954) together with your Department’s minute (8/2/30) of the 5th August last issued in reply to a query addressed to you by the Clerk to the Select Committee of the previous Seanad.

The Select Committee would be glad to be informed what orders which it now appears should have been laid under Section 29 of the Diseases of Animals Act, 1894, were not in fact laid, and to be furnished with a memorandum explaining their purport. They would also be glad to learn whether it is considered that any action should be taken in regard to the non-fulfilment of the statutory requirement in respect of these orders and whether non-fulfilment is considered to affect the validity of the orders.

Cléireach an Rogha-Choiste.

(6)

An Roinn Talmhaíochta,

Baile Átha Cliath.

16 Aibreán, 1955.

Cléireach,

Rogha Coiste ar Ionstraimí Reachtúla,

Seanad Éireann.

I am directed by the Minister for Agriculture to refer to your minute (reference: 67/5/55) of the 5th April and previous correspondence about the question of the presentation to both Houses of the Oireachtas of certain orders made under the Diseases of Animals Acts, 1894 to 1954.

The point raised by the Select Committee as to the validity of any of these orders which may not have been so presented has been submitted to the Attorney-General who has advised that there has been no judicial decision on the point beyond the expression of his view that while the long standing practice could be explained, it was considered by him to be more in accord with the spirit of the Act that these Orders should be laid before the Houses. He does not consider that the provision goes to affect the validity of the Orders. He notes that the Section referred to speaks of Orders made and does not contain any provision for their annulment. He adds that it is a directory rather than a mandatory provision.

In the circumstances, the Minister that the Committee will reconsider the request made in the first sentence of the second paragraph of your minute.

J. C. NAGLE,

Rúnaí C.