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

APPENDIX XI.

An tOrdú um an Aire Sláinte (Gníomhaireacht), 1955 (S. I. No. 152 of 1955), and the Garda Síochána (Promotion) (No. 2) Regulations, 1955 (S. I. No. 185 of 1955).

8 Samhain, 1956.

Rúnaí,

Roinn an Taoisigh.

I am directed by the Select Committee on Statutory Instruments to state that they have had under consideration (i) An tOrdú um an Aire Sláinte (Gníomhaireacht), 1955 and (ii) the Garda Síochána (Promotion) (No. 2) Regulations, 1955. The Committee note that each of these instruments is expressed to be given under the Official Seal of the Government by “M. Ó Muimhneacháin, Rúnaí an Rialtais.” It is not indicated in either instrument, however, whether Mr. Ó Muimhneacháin is a secretary authorised under Section 8 (2) of the Constitution (Consequential Provisions) Act, 1937, to authenticate the Seal of the Government. The Committee would, therefore be glad to be furnished with a memorandum on this matter. In this connection I am to invite your attention to paragraph 7 and appendices XII and XIII of the First Report of the Committee [Pr. 3001].

As the Committee wish to consider this matter at their next meeting they would appreciate a reply by 21st November, 1955.

I am to enclose for your information a copy of a minute sent to the Secretary, Department of Justice, regarding the delay, in the case of the Garda Síochána (Promotion) (No. 2) Regulations, 1955, in laying the instrument before Seanad Éireann.

Cléireach an Rogha-Choiste.

Memorandum from Department of the Taoiseach.

It is noted that the cases referred to in Appendices XII and XIII to the First Report of the Select Committee on Statutory Instruments (Pr. 3001) relate to the authentication of the seal of a Minister of State, the relevant statutory provision in such cases being section 15 (1) of the Ministers and Secretaries Act, 1924, which provides for the authentication of the seal of a Minister by the signature of the Minister

“or of some person authorized by that Minister to act in that behalf.’

It is understood that following the Committee’s representations in these cases, the Department of Finance issued on the 26th April, 1955, an instruction to all Department of State to the effect that, where the seal of a Minister as affixed to a document is authenticated by a person other than the Minister, that person should be described on the document as “A person authorized by the Minister for … … … to authenticate the Official Seal of the Minister.”

2. The above-mentioned instruction did not apply to the authentication of the seal of the Government, which is covered by a different statutory provision, namely, section 8 (2) of the Constitution (Consequential Provisions) Act, 1937, which provides for the authentication of the seal of the Government by the signature of the Taoiseach or of the Tánaiste.

“or of a secretary or other officer of the Government authorized by the Taoiseach to act in that behalf.”

The Secretary to the Government, Muiris Ó Muimhneacháin (Maurice Moynihan) is (and was at the time of the making of each of the two Orders quoted above) authorized by the Taoiseach, pursuant to this statutory provision, to authenticate the seal of the Government whenever neither the Taoiseach nor the Tánaiste is available for that purpose. On the very infrequent occasions on which Mr. Ó Muimhneacháin has authenticated the seal of the Government, it has not been the practice to indicate that he was so authorised but merely to insert “Rúnaí an Rialtais” or “Secretary to the Government” beneath his signature.

3. The Attorney General has now advised this Department, following the receipt of the minute of the 8th instant from the Secretary to the Committee, that it would be desirable to have an indication of authorization expressed on the face of the document in future cases of this kind, and arrangements are being made accordingly.

21ú Samhain, 1955.