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

APPENDIX X.

Local Government (Dublin) (Temporary) Act, 1948 (Continuance No. 1) Order, 1954 (S.I. No. 142 of 1954).

(1)

21 Eanáir, 1955.

Rúnaí,

Roinn Rialtais Áitiúil.

The Select Committee on Statutory Instruments have under consideration the Local Government (Dublin) (Temporary) Act, 1948 (Continuance No. 1) Order, 1954 (S.I. 142 of 1954).

They note that the date of consent of the Minister for Health is not stated on the instrument and they are not therefore in a position to determine the date of the instrument. They would, accordingly, be glad to have a memorandum, explaining the omission, before the 9th February, 1955.

S. R. TÓIBÍN,

Cléireach an Rogha-Choiste.

(2)

Roinn Rialtais Áitiúil,

Teach an Chustaim,

Baile Átha Cliath.

10th February, 1955.

Cléireach,

Rogha-Choiste um Ionstraimí Reachtúla,

Seanad Éireann,

Baile Átha Cliath.

In reply to your minute of 21 Eanáir, 1955, I am directed by the Minister for Local Government to state that the consent of the Minister for Health was endorsed on the Local Government (Dublin) (Temporary) Act, 1948 (Continuance No. 1) Order, 1954 (S.I. 142 of 1954) on 8th July, 1954. The practice has been not to state on an instrument the date on which the consent of another Minister to its making was given.

J. GARVIN.

(3)

11 Márta, 1955.

Rúnaí,

Roinn Rialtais Áitiúil.

I am directed by the Select Committee on Statutory Instruments to state that they have had under further consideration the Local Government (Dublin) (Temporary) Act, 1948 (Continuance No. 1) Order, 1954 (S.I. 142 of 1954).

The Order, which purports to continue in force Part II of the Local Government (Dublin) (Temporary) Act, 1948 for six months from the 1st day of July, 1954, is subject to the requirement that it be made before the expiration of the last previous order, viz. that which expired on 30th June, 1954.

It is further subject to the requirement of paragraph (b) of subsection 2 of Section 3 of the Act, namely:—

“Every order made under this subsection shall be made with the consent of the Minister for Health.”

It appears to the Select Committee that, in virtue of the said paragraph (b) an order purporting to continue Part II of the Act in force cannot be regarded as made from a date earlier than the date of the consent of the Minister for Health to its making and that, therefore, in order that Part II of the Act might continue in force beyond 30th June, 1954, it would be necessary that the said consent had been given to it not later than that date.

The order under consideration is stated on the order to have been given under the Official Seal of the Minister for Local Government on 30th June, 1954. In addition, the undated consent of the Minister for Health is endorsed on the order. It is stated in your minute of the 10th ultimo that consent was in fact endorsed on the order on 8th July, 1954, and that it has been the practice not to state on an instrument the date on which the consent of another Minister to its making was given.

In view of the requirements of the Act, it appears to the Select Committee that the order may, in the circumstances, be invalid and they would be glad to have a memorandum on the matter before the 25th instant.

Cléireach an Rogha-Choiste.

(4)

In reply to your minute of 11 Márta, 1955, I am directed by the Minister for Local Government to state that the Local Government (Dublin) (Temporary) Act, 1948 (Continuance No. 1) Order, 1954 (S.I. No. 142 of 1954) was made at the request of the Minister for Health. The request was made on 23ú Meitheamh, 1954. The Minister is advised that the order is valid.

24 Márta, 1955.

Note: See also Minutes of Evidence, Questions 7 to 15.