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

APPENDIX XVI.

Wheat Milling (General Quota Variation) Order, 1955. (S. I. No. 88 of 1955.)

21 Meán Fómhair, 1955.

Rúnaí,

Roinn Tionscail agus Tráchtála.

The Select Committee on Statutory Instruments have had under consideration the Wheat Milling (General Quota Variation) Order, 1955 (S.I. No. 88 of 1955).

The Committee note that this Instrument purports to be made by the Minister “in exercise of the powers conferred on me by Article 3 of the Wheat Milling Order, 1955 (S.I. No. 74 of 1955), and of every and any other power me in this behalf enabling.” The Committee consider that the statutory authority for instruments should be cited precisely so as to avoid wherever possible the use of the phrase “and of every and any other power, etc.” in the citation of an instrument. It is not clear in this case what other powers, apart from Article 3 of the Wheat Milling Order, 1955, were invoked by the Minister in making the Wheat Milling (General Quota Variation) Order, 1955 and they would be glad to be furnished with a Memorandum on this point.

The Committee have also examined the Order in connection with the requirements under section 8 of the Supplies and Services (Temporary Provisions) Act, 1946, that it be laid before each House of the Oireachtas as soon as may be after it is made. They note that the instrument while made on the 16th May, 1955, was not laid before Seanad Éireann until the 24th May, 1955. In accordance with their terms of reference, the Committee have to consider whether there was unjustifiable delay in the laying of this instrument before Seanad Éireann, particularly in view of the practicability of early laying implied in section 3 (1) of the Statutory Instruments Act, 1947, which appears to apply to this instrument. The Select Committee would also be glad to receive a memorandum on this point.

As the Committee wish to consider this matter at their next meeting they would appreciate a reply before the 4th October, 1955.

Cléireach an Rogha-Choiste.

Memorandum from Department of Industry and Commerce.

1. Use of phrase “and of every and other other power, etc.” in the citation of the Instrument.

The insertion of the words “every and any other power, etc.” is a common cautionary practice of long standing. The object of this practice is to remedy possible omission in the citation of the specific powers. The view of the Committee that the employment of the citation referred to should be avoided whereever possible has been notified to the Parliamentary Draftsman who will have due regard to the Committee’s view in future.

2. Position as regards time of presentation of the Instrument to the Oireachtas.

The Minister regrets that although the Instrument was made on 16th May, 1955, it was not presented to the Oireachtas until 24th May, 1955. In explanation of the delay which occurred it is desired to state that settlement of the form of advertisement to be issued in connection with the Instrument presented special difficulties and through an official misunderstanding the Instrument was not presented to the Oireachtas until the advertisement was put in final form.

Department of Industry and Commerce.

3rd October, 1955.

Seed Production (Sugar Beet) Area and Plant Prohibition Order, 1955. (S.I. No. 203 of 1955.)

9 Márta, 1956.

Rúnaí,

Roinn Talmhaíochta.

The Select Committee on Statutory Instruments have had under consideration the Seed Production (Sugar Beet) Area and Plant Prohibition Order, 1955 [S.I. No. 203 of 1955], which was presented to Seanad Éireann on 26th October, 1955.

They note that this instrument purports to be made by the Minister “in exercise of the powers conferred on me by section 16 of the Seed Production Act, 1955 (No. 14 of 1955), and of every and any other power me in this behalf enabling, etc.” The Committee consider that the statutory authority for instruments should be cited precisely so as to avoid, wherever possible, the use of the phrase “and of every and any other power, etc.” in the citation of the instrument. It is not clear in this case what other powers, apart from section 16, were invoked by the Minister in making the order under reference and they would be glad to receive a memorandum on this point. The Committee have already made certain recommendations in the matter, and 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.

As the Committee would like to consider this matter at their next meeting they would appreciate a reply by the 22nd instant.

Cléireach an Rogha-Choiste.

An Cléireach,

Rogha Coiste,

Seanad Éireann.

With reference to your minute of the 9th March, 1956, regarding the citation of the authority for the making of the Seed Production (Sugar Beet) Area and Plant Prohibition Order, 1955, I am directed by the Minister for Agriculture to state that the matter has been referred to the Attorney General who has indicated that, arising out of a similar question raised in September last in connection with the Wheat Milling (General Quota Variation) Order, 1955, your Committee will have been apprised by the Department of Industry and Commerce that wherever practicable the general words “and of every and other power, etc.” would not be used. The Seed Production (Sugar Beet) Area and Plant Prohibition Order was however prepared before the Parliamentary Draftsman was asked to employ a precise recital only.

The Attorney General desires to mention that cases will arise in which the general formula must be employed although, as already stated, the Parliamentary Draftsman will endeavour to avoid its use.

Rúnaí Cúnta.

Agricultural Produce (Cereals) Act, 1938 (Section 20 (2) ) (Exemption) Order, 1955. (S.I. No. 171 of 1955).

9 Márta, 1956.

Rúnaí.

Roinn Talmhahtochta.

The Select Committee on Statutory Instruments have had under consideration the Agricultural Produce (Cereals) Act, 1938 (Section 20 (2) ) (Exemption) Order, 1955 [S.I. No. 171 of 1955].

The Committee note that this instrument purports to be made by the Minister “in exercise of the powers conferred on me by subsection (2) of section 20 of the Agricultural Produce (Cereals) Act, 1938 (No. 16 of 1938) and of every and any other power me in this behalf enabling.” The Committee consider that the statutory authority for instruments should be cited precisely so as to avoid wherever possible the use of the phrase “and of every and any other power, etc.” in the citation of the instrument. It is not clear in this case what other powers, apart from subsection (2) of section 20 of the Agricultural Produce (Cereals) Act, 1938 was invoked in making the Order in question and they would be glad to be furnished with a memorandum on this point. 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.

As the Committee wish to consider the matter at their next meeting they would appreciate a reply by the 22nd instant.

Cléireach an Rogha-Choiste.

An Roinn Talmhaíochta,

Baile Atha Cliath.

20/8/60

21 Márta, 1956.

An Cléireach,

Rogha Coiste,

Seanad Éireann.

With reference to your minute of 9th March relative to the Agricultural Produce (Cereals) Act, 1938 (Section 20 (2)) (Exemption) Order, 1955 (S.I. No. 171 of 1955), I am directed by the Minister for Agriculture to say that he has been informed by the Attorney General that the reference made in that Order to a generality of enabling powers is one of a number of such references that may be found in instruments drafted before September, 1955. The Minister understands that in instruments drafted since September, 1955, the enabling power is, as a general rule, cited precisely, although cases will arise in which the general formula must be employed.

M. J. BARRY,

Rúnaí Cúnta.