Committee Reports > List of Committees > Seanad > 1959 > Select Committee on Statutory Instruments > Report No. 02 - Statutory Instruments [7]

APPENDIX III.

Garda Síochána Pay Order, 1958 (S.I. No. 51 of 1958). Garda Síochána Allowances Order, 1958 (S. I. No. 52 of 1958). Garda Síochána Pay (No. 2) Order, 1958 (S. I. No. 156 of 1958).

(i)

An Rúnaí,

An Roinn Dlí agus Cirt.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Garda Síochána Pay Order, 1958 (S.I. No. 51 of 1958) which was made on the 24th February, 1958 under the authority of Section 12 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925).

The Committee notes that the effect of this order is to authorise increases in the scale of salary payable to the surgeon of the Garda Síochána Forces with effect from 21st January, 1958. As it is not clear that Section 12 of the Police Forces Amalgamation Act, 1925, confers authority to make orders having retrospective effect the Committee must, in accordance with its terms of reference consider whether the special attention of Seanad Éireann should be drawn to the instrument on the grounds that “it purports to have retrospective effect where the parent Statute confers no express authority so to provide”. The Committee would therefore be glad to be furnished with a memorandum on this point.

As the Committee wishes to consider this matter at its next meeting it would appreciate the favour of a reply by the 15th September, 1958.

Cléireach an Rogha-Choiste.

31 Iúil, 1958.

(ii)

Secretary,

Select Committee on Statutory Instruments.

I am directed by the Minister for Justice to refer to your minute of the 31st July, 1958, regarding the Garda Síochána Pay Order, 1958 (S.I. No. 51 of 1958) and to say that since 1943 it has been the rule rather than the exception to have Garda Pay Orders operating retrospectively. In general, this situation has developed from the necessity for ensuring that the Garda Síochána are treated not less favourably than other public servants as regards the date from which pay increases take effect and also because it is necessary to comply with the provisions of section 12 (2) of the enabling Act—the Police Forces Amalgamation Act, 1925—which require a draft of every Pay Order to be submitted to the appropriate Garda Síochána Representative Bodies and any representations they may make to be considered by the Minister for Justice before the Order is made.

In the particular case of the Garda Síochána Pay Order, 1958, which provides for the pay of the present Surgeon to the Force, I am to state that the amount of the salary to be paid to the Surgeon was decided before he was appointed (on 21st January, 1958) but that the drafting of the order and the requisite consultation with the Garda Síochána Representative Body made it unavoidable that the Order, which was made on 24th February, would have retrospective effect.

The delay in replying to your minute is regretted.

26 Meán Fomhair, 1958.

(iii)

An Rúnaí,

An Roinn Dlí agus Cirt.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Garda Síochána Allowances Order, 1958 (S.I. No. 52 of 1958) which was made on the 25th February, 1958, under Section 12 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925).

The Committee notes that the order increases the rates of subsistence allowances payable to members of the Garda Síochána and that it provides that the increases are, for the most part, to have effect from 1st June, 1956. As it is not clear that Section 12 of the Police Forces Amalgamation Act, 1925, confers authority to make orders having retrospective effect the Committee must, in accordance with its terms of reference, consider whether the special attention of Seanad Éireann should be drawn to the instrument on the grounds that “it purports to have retrospective effect where the parent Statute confers no express authority so to provide”. The Committee would, therefore, be glad to be furnished with a memorandum on this point.

As the Committee wishes to consider this matter at its next meeting it would appreciate the favour of a reply by the 15th September, 1958.

Cléireach an Rogha-Choiste.

31 Iúil, 1958.

(iv)

Secretary,

Select Committee on Statutory Instruments.

I am directed by the Minister for Justice to refer to your minute of the 31st July regarding the Garda Síochána Allowances Order, 1958 (S.I. No. 52 of 1958) and to say that the main object of this Order was to grant increases in subsistence allowances to members of the Garda Síochána corresponding to, and with effect from the same date as, the increases granted to Civil Servants, which also were given retrospective effect. Having regard to the necessity for treating members of the Garda Síochána not less favourably than other public servants as regards the dates from which the increased allowances would operate and to the necessity for prior consultation with the Garda Síochána Representative Bodies as provided by section 12 (2) of the Police Forces Amalgamation Act, 1925, this Order had to have retrospective effect.

The delay in replying to your minute is regretted.

26th September, 1958.

(v)

An Rúnaí,

An Roinn Dlí agus Cirt.

At its meeting on 11th instant the Select Committee on Statutory Instruments considered Mr. Berry’s minutes of 26th September, 1958 [4/446 and 4/38/32] and directed me to bring to your attention its views on the explanations offered therein of the inclusion in the Garda Síochána Allowances Order, 1958 and the Garda Síochána Pay Order, 1958 of provisions having retrospective effect.

The Committee appreciates the difficulty of avoiding retrospective provisions in Orders of this kind but it feels that under its terms of reference it must draw the special attention of Seanad Éireann to any instrument which purports to operate retrospectively if there is no specific authority for such provisions in the parent statute. The Committee feels that the statutory obligation of prior consultation with Garda Representative Bodies does not present an insuperable difficulty of avoiding retrospection and consequently does not imply that all such orders must necessarily operate retrospectively. Furthermore it does not appear to the Committee that all orders of this kind have the object of extending to Garda personnel increases in remuneration already granted to other public servants, e.g. Garda Síochána Pay Order, 1958.

I am to add that at its meeting the Select Committee also considered the Garda Síochána Pay (No. 2) Order, 1958 [S.I. No. 156 of 1958]. The Committee assumes that the explanation of inclusion of retrospective provisions in this order is the same as that advanced in the case of the Garda Síochána Allowances Order, 1958.

Cléireach an Rogha-Choiste.

13 Nollaig, 1958.