Committee Reports > List of Committees > Seanad > 1956 > Select Committee on Statutory Instruments > Report No. 02 (1956) - Statutory Instruments

APPENDIX II.

National Monuments Preservation Orders No. 210 to 220.

8 Samhain, 1955.

Rúnaí,

Coimisinéirí na nOibreacha Poiblí.

I am directed by the Select Committee on Statutory Instruments to state that they have had under consideration the National Monuments Preservation Orders Nos. 210 to 220, inclusive, in connection with the requirement under Section 8 (3) of the National Monuments Act, 1930, that these Orders be laid before each House of the Oireachtas as soon as may be after they are made. The Committee note that each of these instruments while made on the 27th July, 1955 (with the exception of No. 220 which was made on 24th August, 1955) were not laid before Seanad Éireann until the 2nd September, 1955. In accordance with their terms of reference, the Committee have to consider whether there was unjustifiable delay in the laying of these instruments before Seanad Éireann and accordingly they would be glad to receive a memorandum on this matter. In this connection I am to invite your attention to paragraph 13 of the First Report of the Committee [Pr. 3001].

The Committee also note that each of these Orders is expressed to be given under the Seal of the Commissioners of Public Works in Ireland by “J. Tyrrell, Secretary.” In this connection I am to invite your attention to paragraph 7 and appendices XII and XIII of the First Report of the Committee regarding the format of authentication of a Ministerial seal. The Committee are not clear as to what is the position in this regard in the case of the seal of the Commissioners of Public Works and they would, therefore, be glad to be furnished with a memorandum on this matter.

As the Committee wish to consider these matters at their next meeting they would appreciate a reply before the 21st November, 1955.

Cléireach an Rogha-Choiste.

Office of Public Works,

Cléireach an Rogha-Choiste um

Ionstraimí Reachtúla,

We have to refer to your letter of 8 Samhain, 1955, relative to Preservation Orders made under the National Monuments Acts, 1930 and 1954, and to say that a map formed an integral portion of each of Preservation Orders Nos. 211-219. As seven copies of each order (including one of each for your Committee —your letter of 23 Meitheamh, 1954) are required for presentation, it was necessary to prepare in all 63 copies of the maps. In consequence the interval between the making of the Orders and their presentation to the Oireachtas was unusually long. Orders Nos. 210 and 220 were held over for presentation with the others. We were at the time unaware of the observations of the Select Committee in their First Report in regard to the period between the making of an Order and its presentation to the Oireachtas and the necessity for early presentation was not adverted to. We have now made arrangements in connection with the presentation of future Orders to have such maps and documents as may be necessary prepared in advance so that there may be no delay in laying the papers before the Oireachtas.

With regard to the format of authentication of our seal we are advised that the Attorney General’s opinion referred to does not apply to it. The position is that when the Public Works (Ireland) Act, 1869 (32 and 33 Vic. Cap. 74, Sec. 3) constituted the Commissioners of Public Works in Ireland a corporation “with perpetual succession and a common seal” it made no special provision for authentication and none is legally necessary. Once the seal is affixed to a document which, as in the case of the Orders under reference, states that it is in fact our seal no further authentication is required.

J. Tyrrell,

Rúnaí.