Committee Reports > List of Committees > Seanad > 1958 > Select Committee on Statutory Instruments > Report No. 01 (1958) - Statutory Instruments [20]

APPENDIX I.

Factories Act, 1955 (Hoists and Lifts) (Exemption) Order, 1957 (S.I. No. 80 of 1957).

Rúnaí,

Roinn Tionscail agus Tráchtála.

I am directed by the Select Committee on Statutory Instruments to refer to the Factories Act, 1955 (Hoists and Lifts) (Exemption) Order, 1957 [S.I. No. 80 of 1957] which was laid by your Department before Seanad Éireann on 25th April, 1957 pursuant to section 2 of the Statutory Instruments Act, 1947. It seems to the Committee that the latter section deals merely with the type of statutory instruments to which the Act applies and contains no provision prescribing the laying of instruments before the Houses of the Oireachtas.

The Committee notes that the order under reference was made on the 15th April, 1957. If the order in fact comes within the terms of reference of the Committee it will have to consider whether there was unjustifiable delay in laying the instrument before Seanad Éireann.

The Committee would be glad to receive a memorandum on the aforementioned points. As it would like to consider the matter at its next meeting it would appreciate the favour of a reply before the 31st October, 1957.

Cléireach an Rogha-Choiste.

29 Meán Fómhair, 1957.

Cléireach an Rogha-Choiste,

Seanad Éireann,

Tigh Laighean,

Baile Átha Cliath.

I am directed by the Minister for Industry and Commerce to refer to your minute of the 29th September about the Factories Act, 1955 (Hoists and Lifts) (Exemption) Order, 1957, and to say that Section 99(1) of the Factories Act, 1955, describes the class of instruments made under the Act which must be presented to the Oireachtas. The Minister is advised that Section 99(1) does not apply to this instrument. As the Order was not presented pursuant to any Statute, the reference in the Presentation Form to the Statutory Instruments Act, 1947, was made in error, and is regretted.

15 Deireadh Fómhair, 1957.

Milk and Dairies ( Amendment) Act, 1956 (Commencement) Order, 1957 (S. I. No. 135 of 1957). Milk and Dairies ( Amendment) Act, 1956 (Commencement) (No. 2) Order, 1957 (S. I. No. 177 of 1957). Milk and Dairies ( Amendment) Act, 1956 (Commencement) (No. 3) Order, 1957 (S. I. No. 212 of 1957).

Rúnaí,

Roinn Talmhaíochta.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Milk and Dairies (Amendment) Act, 1956 (Commencement) Order, 1957 [S.I. No. 135 of 1957], the Milk and Dairies (Amendment) Act, 1956 (Commencement) (No. 2) Order, 1957 [S.I. No. 177 of 1957] and the Milk and Dairies (Amendment) Act, 1956 (Commencement) (No. 3) Order, 1957 [S.I. No. 212 of 1957] which were presented to Seanad Éireann pursuant to section 16 of the Milk and Dairies Act, 1935 [No. 22 of 1935]. The Committee would be glad to be furnished with a memorandum indicating why it is considered that section 16 of the Milk and Dairies Act, 1935 applies to the aforementioned Orders.

As the Committee wishes to consider this matter at its next meeting a reply by 6th January, 1958, will be appreciated.

Cléireach an Rogha-Choiste.

7 Nollaig, 1957.

7 Eanáir, 1958.

Cléireach an Rogha-Choiste

um Ionstraimí Reachtúla.

With reference to your minute of the 7th December regarding the Milk and Dairies (Amendment) Act, 1956 (Commencement) Order, 1957, the Milk and Dairies (Amendment) Act, 1956 (Commencement) (No. 2) Order, 1957 and the Milk and Dairies (Amendment) Act, 1956 (Commencement) (No. 3) Order, 1957, I am directed by the Minister for Agriculture to state that, in accordance with the usual practice in regard to Orders made under the Milk and Dairies Acts, 1935 and 1956, Section 16 of the Milk and Dairies Act, 1935 was quoted on the Presentation Forms which accompanied the copies of these Orders when they were being presented to the Seanad because that was the only Section in the Milk and Dairies Acts, 1935 and 1956 which required the presentation of statutory instruments. While that section specifically mentions the presentation of Regulations made under the Act, the Minister considered it appropriate that Orders which were not Regulations might also be presented.

I am to add that the Minister has now been advised by the Attorney General that there is no legal requirement that such Orders which are not Regulations should be presented to the Seanad.

Dairy Produce (Price Stabilisation) (Amendment) Act, 1956 (Commencement) Order, 1957 (S. I. No. 30 of 1957). Creamery Butter (Maximum Prices) Order, 1957 (S. I. No. 54 of 1957). Creamery Butter (Maximum Prices) Order, 1957 (Revocation) Order, 1957 (S. I. No. 99 of 1957). Levy (Butter Stocks) (No. 1) Order, 1957 (S. I. No. 102 of 1957). Levy (Butter Stocks) (No. 2) Order, 1957 (S. I. No. 103 of 1957).

Rúnaí,

Roinn Talmhaíochta.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Dairy Produce (Price Stabilisation) (Amendment) Act, 1956 (Commencement) Order, 1957 [S.I. No. 30 of 1957], the Creamery Butter (Maximum Prices) Order, 1957 [S.I. No. 54 of 1957], the Creamery Butter (Maximum Prices) Order, 1957 (Revocation) Order, 1957 [S.I. No. 99 of 1957], the Levy (Butter Stocks) (No. 1) Order, 1957 [S.I. No. 102 of 1957] and the Levy (Butter Stocks) (No. 2) Order, 1957 [S.I. No. 103 of 1957] which were presented to Seanad Eireann pursuant to Section 4 of the Dairy Produce (Price Stabilisation) Act, 1935 [No. 21 of 1935]. The Committee would be glad to be furnished with a memorandum indicating why it is considered that section 4 of the Dairy Produce (Price Stabilisation) Act, 1935 applies to the aforementioned orders.

As the Committee wishes to consider this matter at its next meeting a reply by 6th January, 1958, will be appreciated.

Cléireach an Rogha-Choiste.

7 Nollaig, 1957.

Cléireach an Rogha-Choiste um

Ionstraimí Reachtúla.

With reference to your minute of the 7th December regarding the Dairy Produce (Price Stabilisation) (Amendment) Act, 1956 (Commencement) Order, 1957, the Creamery Butter (Maximum Prices) Order, 1957, the Creamery Butter (Maximum Prices) Order, 1957 (Revocation) Order, 1957, the Levy (Butter Stocks) (No. 1) Order, 1957 and the Levy (Butter Stocks) (No. 2) Order, 1957, I am directed by the Minister for Agriculture to state that in accordance with the usual practice in regard to Orders made under the Dairy Produce (Price Stabilisation) Acts, 1935 to 1956, Section 4 of the Dairy Produce (Price Stabilisation) Act, 1935 was quoted on the Presentation Form which accompanied the copies of these Orders when they were being presented to the Seanad because that was the only section in the Acts which required the presentation of statutory instruments. While sub-section (2) of the Section specifically mentions the presentation of Regulations made under the Act, sub-section (1) of the Section provides that the Minister may by Order make Regulations. It was, accordingly, considered appropriate that Orders which were not Regulations might also be presented.

I am to add that the Minister has now been advised by the Attorney General that there is no legal requirement that such Orders, which are not Regulations, should be presented to the Seanad.

Factories Act, 1955 (Commencement of Sections 34 and 35) Order, 1957 (S. I. No. 260 of 1957).

Rúnaí,

Roinn Tionscail agus Tráchtala.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Factories Act, 1955 (Commencement of Sections 34 and 35) Order, 1957 [S.I. No. 260 of 1957] which was presented to Seanad Éireann pursuant to section 99 of the Factories Act, 1955 [No. 10 of 1955]. The Committee would be glad to be furnished with a memorandum indicating why it is considered that section 99 of the Factories Act, 1955, applies to the aforementioned order.

As the Committee wishes to consider this matter at its next meeting a reply by 28th instant would be appreciated.

Cléireach an Rogha-Choiste.

2 Aibreán, 1958.

Memorandum from Department of Industry and Commerce.

1. Section 99 of the Factories Act, 1955 provides that every regulation made by the Minister shall be laid before each House of the Oireachtas as soon as may be after it is made.

2. It was realised that, on strict interpretation, this does not require the presentation of Orders. However, many of the Orders which the Minister is empowered to make under the Act are, at least as important as Regulations. It was accordingly considered that Orders should be presented and S.99, the only Section of the Act dealing with presentation, was availed of for this purpose.

3. In July, 1956, when the Commencement Order under the Act was signed, a total of five Orders and twenty-two Regulations were made and presented. S.I. No. 260 of 1957 is, in effect, a continuation of one of these Orders (S.I. No. 162 of 1956).

10 Aibreán, 1958.