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

APPENDIX VIII.

Emergency Powers (Córas Iompair Éireann) (Reduction of Railway Services) Order, 1944 (Revocation) Order, 1957 (S.I. No. 60 of 1957).

Rúnaí,

Roinn Tionscail agus Tráchtála.

The Select Committee on Statutory Instruments has had under consideration the Emergency Powers (Córas Iompair Éireann) (Reduction of Railway Services) Order, 1944 (Revocation) Order, 1957 [S.I. No. 60 of 1957].

The Committee notes that this instrument purports to be made by the Minister “in exercise of the powers conferred on me by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1945), and of every and any other power me in this behalf enabling.” The Committee considers that the statutory authority for instruments should be stated precisely and in particular that the section or sections of the enabling Statute should be cited and the use of the phrase “every and any power me in this behalf enabling” avoided as far as possible. In this connection, I am to invite your attention to paragraphs 9 of the First Report (Pr. 3001) dated 5th May, 1955 and the Second Report (Pr. 3864) dated 21st November, 1956, of the Select Committee on Statutory Instruments. The Committee would be glad, therefore, to be furnished with a memorandum on the form of citation used in the Order referred to above.

The Committee has also examined the Order in connection with the requirement 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. It notes that the instrument, while made on the 16th March, 1957, was not laid before Seanad Éireand until the 25th March, 1757. In accordance with its terms of reference the Committee has to consider whether there was unjustifiable delay in the laying of this instrument 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 and it would also be glad to receive a memorandum on this point. In this connection I am to invite your attention to paragraph 13 of the First Report (Pr. 3001) of the Select Committee on Statutory Instruments dated 5th May, 1955.

As the Committee wish to consider these points at its next meeting it would appreciate the favour of a reply by 31st October, 1957.

Cléireach an Rogha-Choiste.

29 Meán Fómhair, 1957.

Cléireach an Rogha-Choiste,

Seanad Éireann.

I am directed by the Minister for Industry and Commerce to refer to your minute of the 29th September and to apologise for the fact that, in the case of the Emergency Powers (Córas Iompair Éireann) (Reduction of Railway Services) Order, 1944 (Revocation) Order, 1957 (S.I. No. 60 of 1957) there was an interval of nine days between the making of the Order and its being laid before Seanad Éireann. The delay, which was facilitated by the intervention of a bank holiday week-end, was due to a regrettable oversight.

With regard to the use of the phrase to which reference is made in the second paragraph of your minute, the Minister has asked me to explain that the particular Order had been drafted a considerable time before it was made and, in fact, before the Committee had drawn attention to this type of phraseology in their Report. It is much regretted that this draft was acted upon without adverting to the fact that these words were used in the Preamble. The Minister is assured that in all drafts prepared after the Committee’s comments were made due regard is paid by the Parliamentary Draftsman to their comments.

8 Deireadh Fómhair, 1957.

Game Preservation Act, 1930 (Period under Section 27) (Extension) Order, 1957 (S. I. No. 76 of 1957).

Rúnaí,

Roinn Dlí agus Cirt.

The Select Committee on Statutory Instruments has had under consideration the Game Preservation Act, 1930 (Period under Section 27) (Extension) Order, 1957 [S.I. No. 76 of 1957].

The Committee notes that this instrument purports to be made by the Minister “in exercise of the powers conferred on me by subsection (2) of section 27 of the Game Preservation Act, 1930 (No. 11 of 1930) and of every and any other power me in this behalf enabling.” The Committee considers that the statutory authority for instruments should be stated precisely and in particular that the use of the phrase “every and any power me in this behalf enabling” should be avoided wherever possible. In this connection I am to invite your attention to paragraphs 9 of the First Report (Pr. 3001) dated 5th May, 1955 and the Second Report (Pr. 3864) dated 21st November, 1956 of the Select Committee on Statutory Instruments. The necessity for the use of the phrase in question in the order under reference is not apparent to the Committee and it would be glad therefore to receive a memorandum on the point.

As the Committee wish to consider this matter at its next meeting a reply by 31st October, 1957 would be appreciated.

Cléireach an Rogha-Choiste.

29 Meán Fómhair, 1957.

An Cléireach,

Rogha-Choiste um Ionstraimí Reachtúla,

Seanad Éireann.

I am directed by the Minister for Justice to refer to your minute of 29th September regarding the use of the phrase “and every and any other power me in this behalf enabling” in the Game Preservation Act, 1930 (Period under Section 27) (Extension) Order, 1957 (S.I. No. 76 of 1957).

This Order is a recurring one and the draft of the previous Order (in which the phrase in question was used) was copied without advertence to the Committee’s recommendation.

The oversight is regretted.

17 Deire Fómhair, 1957.

Solicitors’ Accounts Regulations, 1957 (S.I. No. 252 of 1957).

1 Aibreán, 1958.

A Chara,

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Solicitors Accounts Regulations, 1957 [S.I. No. 252 of 1957].

The Committee notes that this instrument is purported to be made by the Incorporated Law Society of Ireland “in exercise of the powers conferred on them by sections 4, 5, 66 and 71 of the Solicitors’ Act, 1954, and of every other power thereunto them enabling.” The Committee considers that the statutory authority for instruments should be stated precisely and in particular that the use of phrases such as “every power thereunto them enabling” should be avoided wherever possible. In this connection I am to invite your attention to paragraphs 9 of the First Report (Pr. 3001) dated 5th May, 1955, and the Second Report (Pr. 3864) dated 21st November, 1956, of the Select Committee on Statutory Instruments. The necessity for the use of the phrase in question in the order under reference is not apparent to the Committee.

The Committee also wishes to refer to article 3 of the order under reference which reads as follows:—

“3. These regulations shall be read together with the Solicitors Accounts Regulations, 1955 [S.I. No. 218 of 1955] and the Solicitors Accounts Regulations, 1956 [S.I. No. 308 of 1956] and shall in so far as they are inconsistent therewith alter and amend the same.”

It seems to the Committee that the effect of the 1957 order is to revoke the 1956 order and to amend the 1955 order by substituting article 4 of the present order for article 1 thereof. The use of the phrase “in so far as they are inconsistent therewith alter and amend the same” does not commend itself to the Committee as the best method of avoiding obscurity in achieving this end.

The Committee must determine whether the special attention of Seanad Éireann should be drawn to the instrument under review on ground (vi) of its terms of reference, viz. “that for any special reason its form or purport calls for elucidation.” Before coming to a decision the Committee wishes to afford your Society an opportunity of furnishing any observations it may wish to make on the points mentioned. As it is desired to consider the matter at the next meeting of the Committee the favour of a reply by 28th instant would be appreciated.

Cléireach an Rogha-Choiste.

Secretary,

Incorporated Law Society of Ireland,

Four Courts, Dublin.

15th April, 1958.

The Clerk,

Select Committee on Statutory Instruments,

Seanad Éireann,

Leinster House, Dublin.

Dear Sir,

I am directed by the Council of this Society to refer to your letter of April 1st on the subject of the Solicitors Accounts Regulations 1957 (S.I. No. 252/1957).

With regard to Clause 3 of the regulations the phrase to which you refer has for a number of years been used in Statutory Instruments. The precedent followed in the present case was the rules of the High Court and Supreme Court, Solicitors Act Rules 1958 (S.I. No. 81/1955) made by the Superior Court Rules Committee with the concurrence of the Minister for Justice. A similar phrase is used in these rules. The Council had not before them when making the regulations the reports of your Committee dated respectively 5th May, 1955 and 21st November, 1956. The Council would greatly appreciate receiving from you a copy of these reports for reference on future occasions. With regard to Clause 3 of the regulations it was provided by Clause 4 of the Solicitors Accounts Regulations 1956 (S.I. No. 308/1956) that the regulations of 1955 would come into operation on 1st January, 1958 or on such later date as might be appointed by the Council with the concurrence of the Chief Justice. The possibility of a further postponement was then contemplated. It was considered undesirable that the 1956 regulations should be revoked having regard to the concluding words of Clause 4 thereof. It seemed to the Council that the most effective method of giving effect to the intention of the regulations was to provide, as was done in Clause 3 of 1957, that they should be read together. As the total operative effect of the 1957 regulations was clearly stated in Clause 4 thereof, it was thought that no obscurity would arise.