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

APPENDIX V.

Greyhound Race Track (Racing) Regulations, 1960 (S.I. No. 64 of 1960)

(i)

27 Aibreán, 1961.

A Chara,

I am directed by the Select Committee on Statutory Instruments to state that it has been considering the Greyhound Race Track (Racing) Regulations, 1960 [S.I. No. 64 of 1960] in accordance with its order of reference.

The Select Committee would be glad to receive from you a memorandum explaining the purpose of Article 34(2) of the regulations which reads as follows:—

“(2) Everything provided for in these Regulations shall be subject to the consent of the Board and to any directions issued by the Board in the exercise of its powers under the Act”.

The Committee wishes to learn, in particular, whether it is envisaged that the Board may authorise either verbally or in writing a deviation from the provisions of the regulations in particular cases or issue directions that may be at variance with those provisions if it so thinks fit.

Cléireach an Rogha-Choiste.

Chief Officer,

Bord na gCon,

104 Henry Street,

Limerick.

(ii)

Bord na g Con,

Limerick.

29th April, 1961.

A Chara,

I have to acknowledge receipt of your letter of 27th April regarding the Greyhound Race Track (Racing) Regulations, 1960 and to state that Article 34(2) of these regulations was merely designed to make it clear that the Board’s powers under the parent Act are paramount, i.e. that any direction lawfully made by the Board directly under the Act would, in the event of any possible conflict, override the regulations.

The Board has authorised me to state that it is emphatically not envisaged that the Board will “authorise either verbally or in writing a deviation from the provisions of the regulations in particular cases or issue directions that may be at variance with those provisions.”

Cléireach an Rogha-Choiste,

Seanad Éireann,

Baile Átha Cliath, 2.

(iii)

26 Meitheamh, 1961.

A Chara,

I am directed by the Select Committee on Statutory Instruments to refer to your letter of 29th April, 1961, regarding the Greyhound Race Track (Racing) Regulations, 1960.

It is noted that “Article 34(2) of these regulations was merely designed to make it clear that the Board’s powers under the parent Act are paramount, i.e. that any direction lawfully made by the Board directly under the Act would, in the event of any possible conflict, override the regulations.”

I am to state that to resolve the Select Committee’s difficulty in reaching a decision on the instrument under reference information would be required on the following points:—

(1) what precise statutory authority there is for (a) the issue by the Board itself of directions which might come into conflict with the provisions of the regulations and (b) the overriding of provisions in the regulations by any directions issued under the parent statute, and

(2) what exactly the provision that, “everything provided for in these regulations shall be subject to the consent of the Board”, is designed to achieve and what is the statutory authority for so limiting the provisions of the regulations.

To enable the Committee to consider the matter further I am to ask that you be good enough to furnish a memorandum on the foregoing points.

Cléireach an Rogha-Choiste.

Chief Officer,

Bord na g Con,

104 Henry Street,

Limerick.

(iv)

Bord na g Con,

Limerick.

31st July, 1961.

A Chara,

With further reference to your letter of 18th July and previous correspondence regarding the Greyhound Race Track (Racing) Regulations, 1960, I have to state that the Board has certain powers under the parent Act for the making of directions by notice, e.g. Section 23(2) and Section 49(1).

As already indicated, it is not anticipated that any conflict will in fact arise between the regulations under reference and any such directions.

The provision that everything provided for in the regulations shall be subject to the consent of the Board is designed to ensure that the Board will have ultimate control over actions and decisions of the Control Committee, established under Article 31 of the Regulations. It will be noted that that Committee is not simply a Committee of the Board itself but includes representatives of the Irish Coursing Club.

I may add that these regulations were referred to senior counsel for clearance before they were made by the Board.

The delay in replying to your letter is regretted.

Cléireach an Rogha-Choiste,

Seanad Éireann,

Baile Átha Cliath.