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

APPENDIX XI.

Game Birds Protection Order, 1957 (S. I. No. 72 of 1957).

Rúnaí,

Roinn Dlí agus Cirt.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Game Birds Protection Order, 1957 [S.I. No. 72 of 1957] which was made under subsection (1) of section 6 of the Game Preservation Act, 1930 [No. 11 of 1930].

The Committee notes that article 4 of the order under reference prohibits the killing or taking of all game birds in the North Bull Island, Dollymount, Dublin, ’‘during the period (other than and in addition to the annual close season for such game birds) of one year from the making of the order.” It appears to the Committee that orders made under the authority of subsection (1) of section 6 of the Game Preservation Act, 1930, may be in respect of “particular species of game birds” only and can be valid for a period “not exceeding one year from the date of the order.” The Committee would be glad to be furnished with a memorandum outlining the views of your Department on these points.

As the Committee wishes to consider this matter at its next meeting I am to request the favour of a reply by 6th January, 1958.

Cléireach an Rogha-Choiste.

7 Nollaig, 1957.

Cléireach,

An Rogha-Choiste um Ionstraimí Reachtúla.

With further reference to your minute of 7th December regarding the Game Birds Protection Order, 1957 (S.I. No. 72 of 1957), I am directed by the Minister for Justice to state that the Minister has been advised by the Attorney General as follows:—

“(a) The Committee appears to raise two questions; one as to the duration of the order and another as to whether Article 4 is a sufficient specification of the subject matter as required by the Act.

(b) The Attorney General is satisfied that the specified period during which an order is to operate cannot exceed one year from the date thereof. It is understood that the words in brackets in Article 4 were inserted as a cautionary provision. These words are unnecessary and their deletion would obviate any question being raised as to duration of the order.

(c) The reference to “game birds” in Article 4 and the earlier recitals to “all game birds” are suggested as being sufficient to incorporate the statutory definition of that term and thus constitute a specification. This situation could be placed beyond doubt by adopting another formula.”

In view of the terms of the Attorney General’s advice, the Committee may take it that an amended wording will be adopted in future years by the Office of the Parliamentary Draftsman.