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APPENDIX VIII.Garda Síochána Allowance Order, 1954 (S.I. No. 294 of 1954).1 Aibreán, 1955. Rúnaí, Roinn Dlí agus Cirt. I am directed by the Select Committee on Statutory Instruments to state that they have had under consideration the Garda Síochána Allowances Order, 1954 (S.I. No. 294 of 1954) which is purported to be made in exercise of the powers conferred by Section 12 of the Police Forces Amalgamation Act, 1925, and of every and any other power enabling. Subsection 2 of Section 12 of the 1925 Act states:— “Before making an Order under this section the Minister shall cause the draft of the order to be submitted to the several representative bodies representing the several ranks and grades of the amalgamated force who would be affected by the order when made and shall consider any representations made to him in respect of the draft order by any such representative body.” The above provision appears to apply to all orders made under Section 12. Nevertheless a distinction appears to have been drawn between orders relating to pay, viz. the two Pay Orders made in 1954 in each of which a statement of compliance with the provisions of subsection 12 (2) appears by way of preamble, and orders relating to allowances, such as the present order, which do not contain such statement. It appears to the Select Committee that compliance with the subsection is a condition precedent to the making of orders under section 12 and while they assume that the condition was in fact satisfied in this case they consider that the better practice is that followed in the case of Pay Orders. They would therefore, be glad to learn the reasons for the differing practices. The Select Committee have also considered the order in connection with the requirement under Section 12 (5) of the Act of 1925 that it be laid before each House as soon as may be after it is made. They note that the order while finally made on 21st December, 1954, was not laid before Seanad Éireann until 26th February, 1955. They have, therefore, to consider whether there was unjustifiable delay in laying, particularly in view of the practicability of the early laying of instruments implied in Section 3 (1) of the Statutory Instruments Act, 1947. They would, therefore, be glad to have an explanation of the delay. The Select Committee would be glad to receive a memorandum on the points referred to before the 14th instant. S. R. TÓIBÍN, Cléireach an Rogha-Choiste. Roinn Dlighidh agus Cirt, Baile Átha Cliath. Secretary, Select Committee on Statutory Instruments. I am directed by the Minister for Justice to refer to your Minute 90/6/55 of 1st April regarding the Garda Síochána Allowances Order, 1954 (S.I. No. 294 of 1954). Future Orders made under Section 12 of the Police Forces Amalgamation Act, 1925, will no longer include a reference as to compliance with the provisions of subsection (2) of Section 12. The Attorney-General has advised that these Orders need not show jurisdiction on their face, that the recitals as to compliance with the provisions of Section 12 (2) do not affect the validity of the Orders and that being surplusage and unnecessary the recitals need not hereafter appear. It has to be accepted that there was unjustifiable delay in laying the Garda Síochána Allowances Order, 1954, before each House of the Oireachtas and it can only be stated by way of explanation that the delay was due solely to inadvertence. Arrangements have been made to ensure that the omission to comply with the requirements of Section 12 (5) of the Act of 1925 will not be repeated. F. C. CONNOLLY, 14 Aibreán, 1955. |
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