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

APPENDIX IX.

Fishing Weir Operation (No. 2) Order, 1957 [S.I. No. 1 of 1957].

Rúnaí,

Roinn Táilte.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Fishing Weir Operation (No. 2) Order, 1957 [S.I. No. 1 of 1957] which was made pursuant to the provisions of section 3 of the Fisheries (Amendment) Act, 1953.

The Committee notes that subsection 2 of section 3 of the Fisheries (Amendment) Act, 1953 states:—

“Before making an order under this section the Minister shall cause notice of his intention, containing a draft of the proposed order, to be published and circulated in the locality to be affected by the order and shall consider any objections thereto made to him during one month after the publication of the notice.”

The Committee is not in a position to determine from the provisions of the order whether or not this subsection was complied with. In this connection I am to invite your attention to the recommendation contained in paragraph 8, page 15, of the First Report (Pr. 3001) of the Select Committee on Statutory Instruments dated 5th May, 1955, that a concise statement of compliance should be included in instruments in respect of which the enabling statutes lay down requirements preliminary to the making of the instruments.

The Committee would be glad to be furnished with a memorandum on this point and as it is proposed to consider the matter at its next meeting a reply by 31st October, 1957, would be appreciated.

Cléireach an Rogha-Choiste.

29 Meán Fómhair, 1957.

Clerk,

Select Committee on Statutory Instruments,

Seanad Éireann.

I am directed by the Minister for Lands to refer to your minute of 29ú Meán Fómhair, 1957, regarding the Fishing Weir Operation (No. 2) Order, 1957 (S.I. No. 1 of 1957) and to state that the Order was drafted on similar lines to the Fishing Weir Operation (No. 1) Order, 1954 (S.I. No. 55 of 1954). In each case the provisions of subsection 2 of section 3 of the Fisheries (Amendment) Act, 1953 had, of course, been complied with but the Select Committee’s recommendation, made in the meantime, as to the inclusion in such instruments of a concise statement of compliance with statutory requirements preliminary to the making of such instruments had not been adverted to. I am to state, however, that the specific attention of the Parliamentary Draftsman will be directed to the need for implementing the Select Committee’s recommendation in this regard when, henceforth, he is being requested to draft such instruments.

Rathdrum and Wicklow Public Assistance Districts (Alteration of Boundaries) Order, 1957 (S.I. No. 215 of 1957).

Rúnaí,

Roinn Rialtais Aitiúil.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Rathdown and Wicklow Public Assistance Districts (Alteration of Boundaries) Order, 1957 [S.I. No. 215 of 1957] which was made pursuant to the provisions of section 7 of the Public Assistance Act, 1939, as amended by section 68 of the Local Government Act, 1955.

The Committee notes that subsection (5) of section 7 of the Public Assistance Act, 1939, which was added by section 68 of the Local Government Act, 1955 reads as follows:—

“(5) Where the Minister proposes to make an order under subsection (4) of the section—

(a) he shall furnish a statement of his proposals for consideration, during a period specified by the Minister, by the council of the county of Dublin and shall consider any observations which they may make on the statement during that period, and

(b) he shall furnish a statement of his proposals for consideration, during a period specified by the Minister, by the Corporation of Dublin and shall consider any observations which they may make on the statement during that period.”

The Committee is not in a position to determine from the provisions of the order whether or not this subsection was complied with. In this connection I am to invite your attention to the recommendation contained in paragraph 8, page 15 of the First Report (Pr. 3001) of the Select Committee on Statutory Instruments dated 5th May, 1955 that a concise statement of compliance should be included in instruments in respect of which the enabling statutes lay down requirements preliminary to the making of the instruments.

The Committee would be glad to be furnished with a memorandum on this point and as it is proposed to consider the matter at its next meeting a reply by 28th instant would be appreciated.

Cléireach an Rogha-Choiste.

2 Aibreán, 1958.

Cléireach an Rogha-Choiste um Ionstraimí Reachtúla,

Leinster House,

Dublin.

I am directed by the Minister for Local Government to refer to your minute of 2nd April regarding the Rathdown and Wicklow Public Assistance Districts (Alteration of Boundaries) Order, 1957 (S.I. No. 215 of 1957) and to state that before making this Order the Minister furnished to Dublin Corporation and Dublin County Council a statement of his proposal to alter the boundary of Rathdown Public Assistance District and asked these authorities to submit before 15th October, 1957, any observations they wished to make on the proposal. The Corporation replied that the proposal was noted and the County Council stated that they had no observations to offer.

The recommendation contained in paragraph 8 of the Report referred to in your minute was in this case inadvertently overlooked.

28 Aibreán, 1958.