Committee Reports > List of Committees > Seanad > 1961 > Select Committee on Statutory Instruments > Report No. 03 - Statutory Instruments [15]

APPENDIX IV.

Coras Iompair Éireann (Members) Superannuation Scheme, 1960

An Rúnaí,

An Roinn Iompair agus Cumhachta.

The Select Committee on Statutory Instruments has been considering the Córas Iompair Éireann (Members) Superannuation Scheme, 1960 with particular reference to Article 12 thereof. It notes that this Article provides, in effect, that the Minister for Finance will be the final arbiter of any dispute that may arise in respect of claims under the scheme.

The Select Committee is aware that a provision such as this is not unique. A similar provision applies, for example, to the superannuation of officers and servants of Gaeltarra Éireann but in that case it is embodied in the relevant statute, the Gaeltacht Industries Act, 1957. The Committee is in some doubt whether it is proper that a provision of this kind, which seems to debar an aggrieved person from having recourse to the Courts, should originate in subordinate legislation where there is no specific supporting delegation in the parent statute. It would appreciate the favour of your Department’s observations in the matter.

Cléireach an Rogha-Choiste.

An Roinn Iompair agus Cumháchta,

Baile Átha Cliáth.

Cléireach an Rogha-Choiste um Ionstraimí Reachtúla,

Oifig Thithe an Oireachtais,

Tigh Laighean.

I am directed by the Minister for Transport and Power to refer to your minute o 8th December, 1960, regarding Article 12 of the Coras Iompair Éireann (Members Superannuation Scheme, 1960.

The Minister is advised that the provision in question does not appear to be one which is not within the powers conferred on him under Section 2 of the Transport Act, 1959.