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

APPENDIX XII.

Fertilisers, Feeding Stuffs and Mineral Mixtures Regulations, 1957 (S. I. No. 264 of 1957).

Rúnaí,

Roinn Talmhaíochta.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Fertilisers, Feeding Stuffs and Mineral Mixtures Regulations, 1957 [S.I. No. 264 of 1957].

The Committee notes that the regulations are purported to have been made by the Minister in exercise of the powers conferred on him by section 11 of the Fertilisers, Feeding Stuffs and Mineral Mixtures Act, 1955 (No. 8 of 1955). It would appear to the Committee, however, that the powers conferred on the Minister by sections 4, 5 and 6 of the Act have been invoked in articles 12 to 16 inclusive and article 18 of the regulations. If this view is correct it would seem that these sections should have been mentioned in the enacting words and that the Minister for Industry and Commerce should have been consulted in regard to all the articles referred to and not merely in regard to article 13.

It is noted also that the sanction of the Minister for Finance was given with respect to the fee specified in article 6 but it is not clear to the Committee why it was not considered necessary or desirable to have the Minister’s sanction attested to the regulations by his signature thereon as seems to be the usual practice in the case of instruments of this kind.

The Committee would be glad if you would furnish it with a memorandum on the foregoing points. As it wishes to consider the matter at its next meeting a reply by 28th instant would be appreciated.

Cléireach an Rogha-Choiste.

1 Aibreán, 1958.

21 Aibreán, 1958.

An Cléireach,

Rogha-Choiste,

Seanad Éireann.

With reference to your minute of 1st April regarding the Fertilisers, Feeding Stuffs and Mineral Mixtures Regulations, 1957 (S.I. No. 264 of 1957), I am directed by the Minister for Agriculture to point out, in reply to the point made in the second paragraph of your minute, that consultation with the Minister for Industry and Commerce is enjoined by Section 4 of the Fertilisers, Feeding Stuffs and Mineral Mixtures Act, 1955 (No. 8 of 1955) only in relation to a fertiliser or class of fertilisers and by Sections 5 and 6 of that Act only in relation to a fertiliser; that Articles 12, 14-16 and 18 of the Regulations apply only to feeding stuffs or mineral mixtures; and that in consequence consultation with the Minister for Industry and Commerce in regard to those Articles of the Regulations does not appear to have been called for.

As regards the matter mentioned in the third paragraph of your minute, I am to say that the Minister has been informed by the Attorney General that he agrees that it is usual to have the sanction of the Minister for Finance to fees indicated by his signature on the relevant statutory instrument; that this was omitted, through inadvertence, from the draft of the Regulations referred to; and that specific attention will be given to this matter in the preparation of future drafts.