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

APPENDIX XII.

Wild Birds (County Clare) Order, 1954 (S.I. No. 167 of 1954).

21 Eanáir, 1955.

Rúnaí,

Roinn Dlí agus Cirt.

The Select Committee on Statutory Instruments have had under consideration the Wild Birds (County Clare) Order, 1954 (S.I. No. 167 of 1954).

The instrument is expressed to be “Given under the official Seal of the Minister for Justice …” by “F. C. Connolly, Assistant Secretary, Department of Justice.” It is not indicated whether Mr. Connolly is a person authorised under Section 15 (1) of the Ministers and Secretaries Act, 1924 to authenticate the seal of the Minister.

The Select Committee would be glad to be furnished with a memorandum explaining the omission, before the 9th February, 1955.

Cléireach an Rogha-Choiste.

Roinn Dlighidh agus Cirt.

9 Feabhra, 1954.

Secretary,

Select Committee on Statutory Instruments.

1. I am directed by the Minister for Justice to refer to your minute (23/2/55) of 21st January regarding the Wild Birds (County Clare) Order, 1954 (S.I. No. 167 of 1954).

2. Mr. Connolly is (and was at the time of the making of the Order) authorised to authenticate the Minister’s seal.

3. It has not been the practice in this Department to include a statement that the person (other than the Minister) authenticating the seal is in fact authorised to do so. The Committee will be aware that the same applies to several other Departments and perhaps to most if not all of them as far as authentication by the Secretary of the Department is concerned. The Secretary of a Department is not, ex-officio, authorised to authenticate the seal and in this respect is in the same position as any other authorised officer.

4. The Attorney-General has stated that the omission of a statement of authorisation does not invalidate the Order. It might, however, involve the proving of the authorisation if the point were challenged and accordingly the Attorney-General has decided that, in order to save time and to be expressly informative, the signatory (other than a Minister) should in future describe himself as a person authorised.

5. The point is being brought to the notice of the Department of Finance so that, they may inform all Departments.

THOMAS J. COYNE.