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

APPENDIX XVI.

Dublin County Borough (Electoral Areas) Order, 1954 (S.I. No. 143 of 1954).

11 Márta, 1955.

Rúnaí,

Roinn Rialtais Áitiúil.

I am directed by the Select Committee on Statutory Instruments to state that they have had under consideration the Dublin County Borough (Electoral Areas) Order, 1954 (S.I. No. 143 of 1954). They would be glad to be furnished with a memorandum before the 25th instant on the matters referred to below which arose out of their consideration of the instrument.

(1) Subsection 5 of Section 3 of the Local Government (Dublin) Act, 1945, under which the instrument is made states:—

“In assigning by an order under this section the numbers of members to be elected for the electoral areas specified in the order, the Minister shall have regard to the populations and rateable valuations of such areas.”

Under this subsection, the validity of the order would appear to be dependent on compliance with the direction contained therein. In considering the question of validity in this respect, the Select Committee are in the difficulty that they are not in a position to determine from the provisions of the order whether or not the subsection was complied with, unless it be held that attestation of the order by the Minister provides sufficient evidence. Apart however, from whatever merits may be in the latter point, and although the Select Committee are of course aware that a statement of compliance with the subsection may not be necessary to the validity of the order, it appears to them that such a statement might have been included so that the validity of the order in this respect might be clearly seen.

(2) They note that the Schedule to the order, which describes the electoral areas, is given below the seal of the Minister. Since the Schedule has the same force as the order proper, they would be glad to learn why it was not given above the seal as in the case of the regulations proper.

Cléireach an Rogha-Choiste.

An Roinn Rialtais Áitiúil,

Teach an Chustaim,

Baile Átha Cliath.

Cléireach,

Rogha-Choiste um Ionstraimí Reachtúla,

Seanad Éireann,

Baile Átha Cliath.

In reply to your minute of 11 Márta, 1955, I am directed by the Minister for Local Government to state that in making the Dublin County Borough (Electoral Areas) Order, 1954 (S.I. 143 of 1954) the provisions of subsection (5) of Section 3 of the Local Government (Dublin) Act, 1945 were complied with. The practice is not to recite compliance with preliminary requirements, there being a presumption of law omnia rite esse acta. There was no particular reason for placing the Schedule to this order below the signature of the Minister. There is no recognised practice with regard to the relative positions of the Schedule and the testimonium.

24 Márta, 1955.