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APPENDIX XV.Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1955 (S.I. No. 142 of 1955), etc.(i) 8 Samhain, 1955. Rúnaí, Roinn Leasa Shóisialaigh. The Select Committee on Statutory Instruments have had under consideration the Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1955 [S.I. No. 142 of 1955], the Social Welfare (Overlapping Benefits) (Amendment) (No. 2) Regulations, 1955 [S.I. No 145 of 1955] and the Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) (Amendment) Regulations, 1955 [S.I. No. 92 of 1955] and they note that in each case they have been accompanied by an explanatory memorandum. The Committee would like to know whether the memoranda have been made available to the public with the relevant Orders, or whether they have been furnished only to the Committee to facilitate them in their examination of the instruments in question. If the latter is the case the Committee would be glad to receive a memorandum indicating what difficulties, if any, there are to having the memoranda circulated with each copy of the Order. As the Committee would like to consider this matter at their next meeting they would appreciate a reply before 21st November, 1955. S. DALTÚN, Cléireach an Rogha-Choiste. (ii) An Roinn Leasa Shóisialaigh (The Department of Social Welfare), Áras Mhic Dhiarmada, Baile Átha Cliath, (Dublin). Rúnaí, Cléireach an Rogha-Choiste, Seanad Éireann, Baile Átha Cliath. I am directed by the Minister for Social Welfare to refer to your minute of the 8th instant and to state that the explanatory memoranda prepared in connection with the Regulations mentioned did not accompany the Orders placed on sale to the public. The memoranda in question were prepared because of an undertaking given by the Minister for Social Welfare in the Dáil to the effect that he would provide explanatory memoranda for the Dáil and Seanad when Regulations of a complex nature were being presented. If it were decided to extend the system further in connection with Statutory Instruments there would be no difficulty in having a copy of our explanatory memoranda associated with each copy of the Order. The question as to whether any legal complications might arise would, it is suggested, be a matter for the Attorney-General. J. I. WRIGHT. 18 Samhain, 1955. (iii) 23 Márta, 1956. An Rúnaí, Roinn Airgeadais. I am directed by the Select Committee on Statutory Instruments to inform you that they have had under consideration the question of explanatory memoranda being furnished with statutory instruments. The Committee have in mind that an explanatory memorandum might be furnished with each instrument so that its general purport should be clearly intelligible to the public. Previous Select Committees have already made certain recommendations in this regard ( Vide T. 122 dated 11th May, 1949, T. 145 dated 17th December, 1953, T. 148 dated 21st April, 1954, T. 149 dated 23rd June, 1954). In their examination of instruments statutorily laid before the Seanad, the Committee find that there are a number of instruments (mainly “principal” instruments) whose full purport is clear without reference to any other document. A considerable body of statutory instruments, however, are either of a complicated administrative nature or legislate by reference and their meaning can be ascertained only by a greater or lesser amount of research. In fact, such is the complicated nature of some instruments that certain Departments, although realising that Members of the Houses have all relevant statutes and instruments at their disposal, submit memoranda explanatory of the purport of these instruments. The Committee is concerned that laymen who may be affected by the terms of an instrument and who have not the same facilities as members of each House should be enabled to ascertain from the instrument, with reasonable preciseness, its effect. The Committee envisage, therefore, the inclusion either on the face or at the foot of each instrument, of an explanatory note (which in the majority of cases will be quite short) headed as follows:— “EXPLANATORY NOTE. This note is intended to indicate the general purport of the instrument. The note is not part of the instrument and has no legal force or significance.” The Committee is aware that a basis for such notes is already available in the case of the majority of instruments since, apart from the usual Government the notices, they are subject of announcements furnished officially to the press and radio which explain the purport of the instruments. In the case of a large number of simple instruments which legislate by reference the Committee fees that the explanatory portion of the official press or radio announcement could be used verbatim as the note to be attached to such instruments. The Department of Social Welfare in accordance with a promise made by the Minister to the Dáil in the matter, have for some time furnished explanatory memoranda when presenting to the Houses and to the Select Committee instruments dealing with the administration of benefits. In the course of correspondence on the matter (copy enclosed) that Department stated that there was no objection from their point of view to the issue of such memoranda to the general public, but that the question of any legal complications would be a matter for the Attorney General. As the memoranda are intended to have no legal significance, which point the heading of the proposed note makes clear, the Committee are of opinion that the difficulties, if any, will be mainly administrative. The Committee considered that it would be for general convenience if the question were pursued with your Department. Your Department is in a position to assess generally the administrative difficulties, if any, which would be met by the Departments and to ensure that if any decision is arrived at it will be implemented generally throughout the Departments. Further, should each Department be consulted separately, a conflicting volume of opinion might be forthcoming, which would cloud rather than clear the issue. I am accordingly to ask you to be so good as to furnish a memorandum containing both the views of your Department and those of the Attorney General in the matter. As the Committee, in view of the importance of the matter, may wish to take further evidence when they have concluded their examination of the memorandum I would be glad if you would furnish me with the name of the representative whom you wish to depute to appear before the Committee if necessary. As the Committee would like to consider the matter at their next meeting they would be glad if a reply could be furnished by 9th April next. S. DALTÚN, Cléireach an Rogha-Choiste. (iv) An Roinn Airgeadais, Sráid Mhuirbhthean Uacht., Baile Átha Cliath. F. 200/6/52. Cléireach, Rogha-Choiste um Ionstraimí Reachtúla, Seanad Éireann. With reference to your minute of 23 March, 1956, I am directed by the Minister for Finance to say that, after full consideration and consultation with the Attorney General, he agrees with the Committee as to the desirability of publishing an explanatory note with statutory instruments. The Attorney General has intimated his concurrence and the Minister proposes to issue a Circular to Departments in the matter on the lines of the enclosed draft. O. J. REDMOND. 17 Aibreán, 1956.
Circular /56. Printing and Publication of Statutory Instruments. A Dhuine Uasail, I am directed by the Minister for Finance to inform you that the revised instructions setting forth the statutory and non-statutory requirements in regard to the printing and publication of statutory instruments which accompanied this Department’s Circular No. 15/55 of 10 December, 1955, should be amended by the addition of the following paragraph after paragraph 10:— “10A. There should be included at the foot of each statutory instrument which is published a brief explanatory note describing the general purport of the instrument and headed as follows:— ‘Explanatory Note. This note is not part of the instrument and does not purport to be a legal interpretation.’ The note should be prepared by the sponsoring Department.” Mise, le meas, To/ All Departments, etc. |
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