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

APPENDIX XIII.

National Monuments (Preservation) Orders Nos. 202 and 203 of 1954.

1 Aibreán, 1955.

Rúnaí,

Roinn Airgeadais.

I am directed by the Select Committee on Statutory Instruments to state that they have had under consideration the National Monuments (Preservation) Orders Nos. 202 and 203 of 1954.

The Seal of the Minister for Finance is authenticated in each instrument by Mr. L. M. Fitzgerald on behalf of the Secretary of the Department but it is not indicated that Mr. Fitzgerald or the Secretary is a person so authorised under Section 15 (1) of the Ministers and Secretaries Act, 1924.

The Select Committee were informed by the Department of Justice, arising out of a similar case, that since the omission of a statement of authentication might involve the proving of authorisation if the point were challenged, the Attorney-General had decided in order to save time and to be expressly informative, that the signatory of an instrument, other than a Minister, should in future describe himself as a person authorised. The Department added that they were bringing the point to the notice of your Department so that all Departments might be informed.

The Select Committee would therefore be glad to learn whether steps have been taken on the lines indicated and whether the new arrangement will be applied to National Monuments (Preservation) Orders.

A reply before the 14th April, 1955, would be appreciated.

Cléireach an Rogha-Choiste.

An Roinn Airgeadais,

Sráid Mhuirbhthean, Uacht.,

Baile Átha Cliath.

S. R. Tóibín, Uas.,

Cléireach an Rogha-Choiste,

Seanad Éireann.

I am directed by the Minister for Finance to refer to your minute (83-4/6/55) of the 1st April, 1955, and to say that steps are being taken to inform Departments of the advice given by the Attorney-General in relation to the format of authentication of a Ministerial seal.

I am to say further that, by operation of the National Monuments (Amendment) Act, 1954, preservation orders are now made by the Commissioners of Public Works. The attention of the Commissioners is being drawn to the Attorney-General’s advice for such action in relation to preservation orders as may be deemed necessary.

BRIAN Ó BROLCHÁIN,

20 Aibreán, 1955.