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APPENDIX X.Flour and Wheatenmeal Order, 1955 (S.I. No. 104 of 1955).8 Samhain, 1955. Rúnaí, Roinn Tionscail agus Tráchtála. The Select Committee on Statutory Instruments have had under consideration the Flour and Wheatenmeal Order, 1955(S.I. No. 104 of 1955) which was presented to Seanad Éireann on the 7th June. The Committee note that under the provisions of Article 12 of the Order wide powers, including right of entry to premises, are given to “authorised officers.” There appears, however, to be no provision in the Order requiring such officers 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 therefore be glad to have a memorandum on this point. In this connection I am to invite your attention to paragraph 7 and appendix XI of the First Report of the Committee [T. 152. Pr. 3001]. As the Committee would like to consider the matter at their next meeting they would appreciate a reply before the 21st November, 1955. S. DALTÚN, Cléireach an Rogha-Choiste.
Clerk to the Select Committee on Statutory instruments. I am directed by the Minister for Industry and Commerce to refer to your minute of 8th November, 1955, about the inclusion of a provision in the Flour and Wheatenmeal Order, 1955, requiring “authorised officers” to carry or produce on request documents identifying themselves as persons duly appointed by the Minister for the purposes of the Order. The position at present in this matter is that each Inspector attached to the General Inspectorate of this Department is furnished with an authorisation to carry out inspection duties in connection with a number of Acts and Statutory Instruments including the Flour and Wheatenmeal Order. Inspectors have instructions to carry these authorisations on their person when on official duty and to produce them if required to do so. The views of the Select Committee in this matter have been noted, however, and will be brought to the attention of the Attorney General if and when a further Flour and Wheatenmeal Order is being drafted. J. CONNOR. 21 Samhain, 1955. Telex Regulations, 1955 (S.I. No. 229 of 1955).9 Márta, 1956. Rúnaí, Poist agus Telegrafa. I am directed by the Select Committee on Statutory Instruments to inform you that they have had under consideration the Telex Regulations, 1955 [S.I. No. 229 of 1955] which were presented pursuant to statute to Seanad Éireann on 21st November, 1955. The Committee note that the regulations were made under section 2 of the Telegraph Act, 1885. In this connection they note that while this section has been amended by section 1 of the Telegraph Act, 1928, and the Telegraph Act, 1953, no such indication is given in the preamble to the regulations themselves. The Committee consider that the Statutory authority for Statutory Instruments should be cited precisely, and they have already made certain recommendations in this regard. In this connection I am to invite your attention to paragraph 9 of the First Report of the Select Committee (Pr. 3001) of 11th May, 1955. The Committee further note that under the provisions of Articles 14 and 20 of these regulations powers, including right of entry to subscribers’ premises, are given to the Minister’s servants. There appears, however, to be no provision in the Regulations requiring such servants to carry or produce on request documents identifying themselves as persons duly appointed by the Minister for the purposes of the Regulations. The Committee have already made certain recommendations in this regard and in this connection I am to invite your attention to Paragraph 7 of their First Report. The Committee would appreciate a memorandum from you on these two points. As they would like to consider the matter at their next meeting they would appreciate a reply by the 22nd instant. S. DALTÚN, Cléireach an Rogha-Choiste. An Roinn Poist agus Telegrafa (Department of Posts and Telegraphs) Baile átha Cliath (Dublin). Tagra P.O. T. 987/54. 22 Márta, 1956. A Chara, I am directed by the Minister for Posts and Telegraphs to refer to your minute of 9th March, relative to the Telex Regulations, 1955 (S.I. No. 229 of 1955). The phrasing of the preamble to the Regulations was, in fact, considered carefully from the legal aspect with special reference to the need for citing precisely the statutory authority for the instrument. It will be observed that the phrasing differs materially from that used in the preamble to the analogous Telephone Regulations, 1953 (S.I. No. 227 of 1953) in particular by the omission of “every and any other power in this behalf enabling,” a point referred to in par. 9 of your Committee’s First Report. The legal considerations for quoting Section 2 only may be summarised as follows: “While the Telegraph Act, 1928, and the Telegraph Act, 1953, amend the Telegraph Act, 1885, they do not contain specific provisions giving the right to the Minister to make regulations determining the conditions for carrying on a public teleprinter service; neither do they affect the terms of Section 2, either by way of conferring additional powers or by limiting the powers given by that section with regard to regulations. (The Telegraph Act, 1928, inter alia, increased the limits for charges in connection with ordinary written telegrams and the Telegraph Act, 1953, repealed all limits on rates for telegraphic communications.) The regulations in question are not dependent on the amending Acts for their efficacy; consequently it would be inappropriate to quote them as enabling authorities in the preamble. In addition it has to be kept in mind that if the regulations were challenged in the Courts, the Department by reciting the amending Acts might leave the Minister open to judicial censure for purporting to make the regulations in pursuance of provisions contained in the amending Acts which it can be argued do not confer such power.” As regards Articles 14 and 20 the power conferred on the Minister and his servants is a facility of access to the Telex subscribers’ premises for the purpose of installing and maintaining (Article 14) or removing (Article 20) an installation which is the property of the Minister. However fine it may be, a distinction exists between this facility of access and the unrestricted right of entry covered by the Wheat Orders. And, apart from this, no such wide powers as are granted in the Wheat Orders are conferred on the Minister and his servants by the Telex Regulations. In the circumstances the analogy with the Wheat Order and the applicability of the view in para. 7 of the Committee’s Report was not apparent. On further consideration, however, it is felt that it would be right to include even in the Regulations of this type a provision covering identification of the servants or agents of the Minister. In utilising the powers in Articles 14 and 20 individuals would act as servants or agents of the Minister deputed to carry out, under his directions as head of the Department, any of the functions properly assigned to him. They would not be acting in their own right as Inspectors or other officers whose appointment, powers and duties were provided for by Statute or Statutory Instrument. For this reason it would not be appropriate that the Minister’s servants or agents should have documents indicating that they had been duly appointed by him for the purposes of the Telex Regulations, the Telephone Regulations, etc., and in practice complication would arise from the fact that, in the ordinary course of duty, the one Engineering workman might well be called to deal with Telephone, Telegraph and Telex apparatus—each covered by different regulations. A general system of credentials or passcards identifying individuals as being authorised to work on telephone and telegraph instruments, etc. has operated very satisfactorily in the Post Office Service since the inception of the State and the question of including specific reference to it will be considered when the next appropriate Regulations for any of the Telecommunication Services are being prepared. (Signed) J. W. SCANNELL, Rúnaí Cúnta. Cléireach Rogha Coiste um Ionstraimí Reachtúla, Seanad Éireann. |
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