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

APPENDIX III.

Garda Síochána Pensions Order, 1957 (S.I. No. 231 of 1957).

Runaí,

Roinn Dlí agus Cirt.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Garda Síochána Pensions Order, 1957 [S.I. No. 231 of 1957] which was made on the 8th November, 1957, under section 13 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925) and subsequently approved by resolutions of both Houses of the Oireachtas.

It seems to the Committee that the effect of this order is to extend to certain pensioners the benefit of the Pensions (Increase) Act, 1956, with effect from 1st August, 1956. As it is not clear that section 13 of the Police Forces Amalgamation Act, 1925, confers authority to make orders having retrospective effect the Committee must, in accordance with its terms of reference, consider whether the special attention of Seanad Éireann should be drawn to the instrument on the grounds that “it purports to have retrospective effect where the parent statute confers no express authority so to provide.” The Committee would therefore be glad to be furnished with a memorandum on this point.

The Committee wishes to consider this matter at its next meeting and it would therefore appreciate the favour of a reply by 28th instant.

Cléireach an Rogha-Choiste.

2 Aibreán, 1958.

Secretary,

Select Committee on Statutory Instruments.

I am directed by the Minister for Justice to refer to your minute of the 2nd instant regarding the Garda Síochána Pensions Order, 1957 (S.I. No. 231 of 1957), and to say that the Pensions (Increases) Act, 1956 which became law on the 18th December, 1956, provided, inter alia, that pensions granted under the Garda Síochána Pensions Orders should be increased by a specified amount. This provision was made retrospective to the 1st August, 1956. Unfortunately there was one Garda pensioner whose position was not adverted to before the Act was passed and who thereafter could not, without an amendment of the Garda Síochána Pensions Orders receive any further increase in his Garda pension. This resulted from a provision in these Orders that a Garda pensioner who was also in receipt of an Army pension—as this particular pensioner was—could not receive from both pensions a total of more than two-thirds of his Garda retiring pay. Accordingly the intention of the 1956 Act was not being given effect to so far as this particular pensioner was concerned. The 1957 Pensions Order was made to place him in conformity with all other Garda pensioners under the Act. This involved making the provisions of the Order retrospective to the same date, viz. 1st August, 1956, to which the Act had been made retrospective.

The Minister agrees that there is no express authority in section 13 of the Police Forces Amalgamation Act, 1925, authorising Garda Pensions Orders to have retrospective effect but he considers that, in the exceptional circumstances, and having regard to the terms of the Pensions (Increase) Act, 1956, it was necessary to make the Order retrospective. The Minister desires me to add that if a similar Bill for a general increase in pensions should again be introduced arrangements will be made to provide for the position of any such pensioner in the Bill rather than by a subsequent amendment of the Garda Pensions Orders.

28 Aibreán, 1958.