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

APPENDIX XII.

Agricultural Wages (Minimum Rates) Order, 1959 (S.I. No. 18 of 1959). Agricultural Wages (Minimum Rates) Order, 1956 (Revocation) Order, 1959 (S.I. No. 19 of 1959).

A Chara,

I am directed by the Select Committee on Statutory Instruments to state that it has been considering the Agricultural Wages (Minimum Rates) Order, 1959, and the Agricultural Wages (Minimum Rates) Order, 1956 (Revocation) Order, 1959. The Committee notes that these orders are purported to be made by the Agricultural Wages Board in exercise of their powers under section 17 of the Agricultural Wages Act, 1936 and “of every and any other power them in this behalf enabling”.

The Select Committee considers that the statutory authority for instruments should be stated precisely and that phrases such as the one quoted should be avoided as far as possible. In this regard it agrees with the views expressed by a previous Committee in its First (T.152-Pr.3001; paragraph 9) and Second (T.154-Pr.3864; paragraph 9) Reports. In the case of the orders under reference it is not clear what powers other than section 17 of the Agricultural Wages Act, 1936 are being invoked and the Committee would appreciate the favour of an explanatory memorandum from the Agricultural Wages Board on the point.

Cléireach an Rogha-Choiste.

The Secretary,

Agricultural Wages Board,

9 Upper Mount Street,

Dublin.

Bord Páigh Thalmhaidheachta

9 Sráid an Mhóta Uacht,

Baile Átha Cliath.

6 Eanáir, 1960.

A Chara,

I am directed by the Agricultural Wages Board to refer to your minute of 4th December regarding the Agricultural Wages (Minimum Rates) Order, 1959, and the Agricultural Wages (Minimum Rates) Order, 1956 (Revocation) Order, 1959.

In reply I am to state that the Orders made by the Board up to 1951 were settled on their behalf by the Attorney General. In April, 1952, however, the Department of Agriculture informed this Board that it was proposed to discontinue the arrangement whereby legal advice for the Board was provided by the Attorney-General’s Office. The Department further informed the Board that in the light of these circumstances the question of the provision of separate legal advice for the Board was the subject of communication with the Department of Finance.

Subsequently in August, 1952, the Department of Agriculture transmitted to the Board a copy of a minute received from the Department of Finance intimating that the Minister for Finance agreed that alternative arrangements should be made for the provision of any such necessary legal advice, etc. The following is an extract from the Finance minute referred to—

“The Minister trusts that your Department will ensure that this sanction will be availed of only in matters where legal assistance is clearly necessary and which cannot be dealt with administratively by the Board and its staff. The Minister would not, for instance, regard legal assistance as necessary for the drafting of the Board’s periodic Wages Orders unless significant new matter were being imported or the form of the orders basically altered.”

The Orders made by the Board in, and since, 1952 have, accordingly been based on the last Order settled on their behalf by the Attorney General in 1951, and which included the phrase to which reference is made in your minute, viz., “of every and any other power them in this behalf enabling.”

Rúnaí,

Rogha-Choiste um Ionstraimí Reachtula,

Seanad Éireann,

Baile Átha Cliath.