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

APPENDIX XIII.

The Pigs and Bacon Acts, 1935 to 1956 (Pigs and Bacon Commission) Regulations (No. 2) Order, 1957 (S.I. No. 171 of 1957).

1 Aibreán, 1958.

Secretary,

Pigs and Bacon Commission,

36 Upper Mount Street,

Dublin.

A Chara,

I am directed by the Select Committee on Statutory Instruments to state that it has had the Pigs and Bacon Acts, 1935 to 1956 (Pigs and Bacon Commission) Regulations (No. 2) Order, 1957 [S.I. No. 171 of 1957] under consideration.

The Committee wishes me to refer to the enacting words in the instrument which read as follows:—

“NOW THEREFORE the Pigs and Bacon Commission (hereinafter referred to as ‘the Commission’ in exercise of the powers vested in it under the said Section hereby orders that the following provisions shall have effect as Regulations under the said Acts.”

It is clear to the Committee that the reference to the “said Section” is to section 42 of the Pigs and Bacon (Amendment) Act, 1939 (No. 35 of 1939) which is mentioned in the preamble but it would appear that it is section 18 of that Act which empowers the Commission to make regulations in relation to the matters prescribed in section 42. If this view is correct it is not clear why it was not considered necessary or desirable to refer to section 18 in the enacting words.

The Committee notes that section 18 enables the Commission to make regulations in relation to any matter or thing referred to in the Act as prescribed. Assuming that the instrument under reference was made under the authority of that section, the Committee does not understand the reference to “This order” in Article 5 and the description of the instrument as an order in the title when it is referred to elsewhere as “these regulations.”

The Committee notes that the schedule to the regulations is given below the seal of the Commission. Since the schedule has the same force as the regulations proper, it is not clear why it is not given above the seal as in the case of the regulations proper.

In accordance with its terms of reference the Committee must decide whether the special attention of Seanad Éireann should be drawn to the instrument on the grounds “that for any special reason its form or purport calls for elucidation.” Before coming to a decision the Committee wishes to afford the Pigs and Bacon Commission 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.

An Coimisiúin um Muca agus Bágún,

(Pigs and Bacon Commission),

36 Sr. An Mhóta Uach.,

(36 Upper Mount Street),

Baile Átha Cliath

(Dublin).

19th May, 1958.

M. G. Kilroy, Esq.,

Cléireach an Rogha-Choiste,

Seanad Éireann,

Tigh Laighean,

Baile Átha Cliath.

Dear Sir,

Further to yours of 1st April and to ours of the 24th., I now enclose a letter received from Mr. L. B. McMahon, Solicitor to the Commission, re Pigs and Bacon Acts 1935 to 1956 (Pigs and Bacon Commission) Regulations (No. 2) Order, 1957 (S.I. No. 171 of 1957).

With reference to the final paragraph of Mr. McMahon’s letter, the Commission intends to act on this suggestion and I am instructing Mr. McMahon accordingly.

JOHN FINAN,

Secretary.

re. Pigs and Bacon Acts, 1935 to 1956 (Pigs and Bacon Commission) Regulations (No. 2) Order, 1957.

Dear Sir,

With reference to the query by the Senate Committee.

It has been the practice, when draft of Regulations proposed to be made by the Commission were being prepared to endeavour to recite in the Instrument all the relevant Sections conferring authority on the Commission in the making of the Regulations. In the case of the present Regulations, it is unfortunate that there are grounds for criticism in this respect, but at the same time these Regulations merely prescribe the form of application and the evidence to be produced to obtain money payments and it might be said that the importance of extensive recitals was not so obvious.

There does not appear to be any statutory obligation requiring the Seal to be placed at the end of a document. If the Instrument bearing the Seal contains in the body of the document a reference to the Schedule indicating an intention to incorporate the provisions of the Schedule as part of the document it is immaterial, from a legal point of view, that the seal is affixed to some appropriate part of the document other than at the foot or end of the Schedule, provided it is clear to anyone reading the document, or to a Court, that the purpose of the Seal was to authenticate the entire document including the Schedule. Legal documents such as Leases or Conveyances frequently contain Schedules with descriptions of the property intended to be demised or conveyed, and signatures and seals are often affixed to the body of the deed and not at the end of the Schedule.

Under Sections 114 and 153 of the Act of 1935 the Boards thereby constituted were empowered by Order to make Regulations and the Regulations made thereunder were properly entitled orders and were used as a precedent for subsequent Instruments notwithstanding that Section 35 and 75 of the Act of 1937 deleted the requirement of the Boards to make Regulations by Order. It would appear that the word “Order” may now be left out.

I would suggest that the Commission might in all the circumstances consider the question of revoking these Regulations and making fresh Regulations incorporating the desired modifications. Should the Commission so decide, I will arrange to have the necessary draft prepared.

L. B. McMAHON.

John Finan, Esq.,

Secretary,

Pigs and Bacon Commission,

36, Upper Mount Street,

Dublin.