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

APPENDIX IV.

Greyhound Race Track (Levy Collection) Regulations, 1958 (S. I. No. 225 of 1958). Greyhound Race Track (Levy) (Percentage) Regulations, 1958 (S. I. No. 228 of 1958).

21 Feabhra, 1959.

A Chara,

I am directed by the Select Committee on Statutory Instruments to state that it has been considering the Greyhound Race Track (Levy Collection) Regulations, 1958 [S.I. No. 225 of 1958] and the Greyhound Race Track (Levy) (Percentage) Regulations, 1958 [S.I. No. 228 of 1958] in the course of discharging its duty of examining every instrument presented to Seanad Éireann in pursuance of statutory requirement with a view to determining whether the special attention of the Seanad should be drawn to it on any grounds covered by the Committee’s terms of reference.

It is noted that the seal of the Board is authenticated in each instrument by the signatures of Dr. P. J. Maguire and Mr. S. P. Flanagan, Chairman and Chief Officer, respectively, of the Board. The Committee observes that section 15 (2) of the Greyhound Industry Act, 1958 provides that “the seal of the Board shall be authenticated by the signature of the Chairman of the Board or some other member thereof authorised by the Board to act in that behalf and the signature of an officer of the Board authorised by the Board to act in that behalf”. While the Chairman is therefore specifically authorised in the Act to authenticate the seal the Chief Officer is not. It is assumed, of course, that Mr. Flanagan has in fact been authorised by the Board but the Committee’s concern arises from the absence, in the instrument itself, of any indication to that effect.

In 1955, a previous Select Committee on Statutory Instruments questioned the authentication of the seals of certain Ministers by officials of Government Departments where no indication that such officials were so authorised was given. The Attorney General of the day advised that, while the omission of a statement of authorisation does not invalidate an instrument, it might involve the proving of the authorisation if the point were challenged and he decided that, in order to save time and to be expressly informative, a signatory (other than a Minister) should in future describe himself as a person authorised. This is now the practice in all Government Departments.

The Select Committee also notes that the Schedule to the Greyhound Race Track (Levy Collection) Regulations, 1958, appears below the seal of the Board. The Committee agrees with the view expressed by a previous Select Committee in paragraph 10 of its Report dated 5th May, 1955 [T. 152—Pr. 3001] that, since a schedule is to have the same force as the regulations proper, it ought to be attested in like manner and should therefore appear above and not below the seal.

Before deciding whether the special attention of Seanad Éireann should be drawn to the instruments mentioned above the Select Committee wishes to afford Bord na gCon an opportunity of furnishing any observations it may wish to offer on the foregoing points. In this connection, the Committee wishes to say that any comments the Board may desire to make on these points, which will assist the Committee in its deliberations, will be greatly appreciated.

Cléireach an Rogha-Choiste.

Chief Officer,

Bord na gCon,

21 Earlsfort Terrace,

Dublin.

24th February, 1959.

A Chara,

I refer to your minute of 21st February regarding regulations made by Bord na gCon under the Greyhound Industry Act, 1958 (No. 12 of 1958).

The assumption in the last sentence of the second paragraph of your minute is correct.

The practice referred to in the third paragraph of your minute will be followed in relation to any regulations which may be made by Bord na gCon in future.

The observations in the fourth paragraph of your minute regarding attesting of schedules have been noted. Your Committee’s views in this connection will be borne in mind when statutory instruments are being made by the Board in future.

S. P. FLANAGAN,

Príomh Oifigeach.

An Cléireach,

Rogha-Choiste um Ionstraimí Reachtúla.