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

APPENDIX XI.

Wheat Order, 1954 (S.I. No. 148 of 1954).

(1)

21 Eanáir, 1955.

Rúnaí,

Roinn Talmhaíochta.

The Select Committee on Statutory Instruments have under consideration the Wheat Order, 1954 (S.I. 148 of 1954), articles 27, 28 and 29 of which give wide powers, including right of entry to premises, to inspectors.

They note that there appears to be no provision in the order requiring inspectors to carry or produce on request documents identifying themselves as persons duly appointed by the Minister for the purposes of the Order. The Committee would be glad to have a memorandum on the matter before the 9th February, 1955.

They would also be glad to have explained in the Memorandum the exact statutory authority for the provision “(who shall comply with such request)” in Article 29.

S. R. TÓIBÍN,

Cléireach an Rogha-Choiste.

(2)

An Roinn Talmhaíochta.

5 Feabhra, 1955.

Cléireach an Rogha-Choiste.

With reference to your minute of 21st January, regarding matters raised by your Committee following its examination of the Wheat Order, 1954 (S.I. No. 148 of 1954), I am directed by the Minister for Agriculture to reply as follows.

The position in regard to the matter raised in the second paragraph of your minute is that inspectors appointed under the annual Wheat Order are furnished with certificates of appointment which in the ordinary course they would have available for production on request. This arrangement applied in the case of the Wheat Order, 1954, and so far as the Minister is aware, it has not given rise to any difficulty.

In regard to the matter mentioned in the third paragraph of your minute, the Minister has been advised by the Attorney-General to invite attention to the relevant portion of Article 31 (1) of the Emergency Powers Order, 1939, as amended, which is as follows:—

“(1) A Minister may by order or direction (which direction may be given either in writing or orally) provide—

(a) for regulating, restricting or prohibiting the keeping, use, disposal (including sale), and acquisition (including purchase), of articles of any description.

..........................................................................................

(n) for any incidental or supplementary matters for which such Minister thinks it expedient for the purposes of the order or direction to provide

and also make such provision as such Minister thinks necessary or expedient for facilitating the introduction or operation or both of a scheme of control under this Article.”

The Attorney-General has further advised the Minister that the requirement to comply with the request in the present context is certainly supplementary to the purpose of regulation and restriction of the disposal and acquisition of wheat if not indeed inherent in the general power in paragraph (a) of the Article.

The Attorney-General has also indicated that he finds himself in agreement with the view expressed by the present Mr. Justice Lavery when Attorney-General in his letter of the 4th March, 1949, to the Committee of Seanad Éireann, as to the wide and general nature of the powers conferred on a Minister by the Article in question.

Rúnaí Cúnta.

(3)

11 Márta, 1955.

Rúnaí,

Roinn Talmhaíochta.

I am directed by the Select Committee on Statutory Instruments to state that they have had under further consideration the Wheat Order, 1954 (S.I. 148 of 1954) together with your Department’s minute (19/5/56) of the 5th ultimo.

They are glad to note that inspectors appointed for the purposes of the Order are furnished with certificates of appointment which in the ordinary course they would have available for production on request. Since, however, there is no provision in the Order making it mandatory on inspectors to produce on request such documents, it is assumed that the present procedure is a purely voluntary arrangement on the part of your Department.

The Select Committee are of course aware that the Order, as made, is intra vires the enabling authority. In view, however, of the wide powers, including right of entry to premises, given to inspectors by the Order, they are of opinion that it would be in the public interest that a mandatory provision on the point at issue be included in instruments of this nature. Such a provision need not in any way restrict the rights of inspectors for the purposes of the Order. They would, therefore, be glad to have your Department’s observations on the matter and to learn in particular whether consideration would be given to the adoption of the Select Committee’s proposal when a suitable opportunity arises.

The Select Committee would appreciate receipt of your Department’s reply before the 25th instant.

Cléireach an Rogha-Choiste.

(4)

With reference to your minute of 11th March, 1955 (your ref. 15/1/55), I am directed by the Minister for Agriculture to state that he has noted the view of your Committee that a mandatory provision should be included in instruments such as the Wheat Order, 1954, requiring authorised officers to produce certificates of appointment on request.

This matter will be brought to the notice of the Attorney-General in connection with the drafting of the Wheat Order for 1955.

Rúnaí Cúnta.