Committee Reports > List of Committees > Seanad > 1963 > Select Committee on Statutory Instruments (Appointed 21st March, 1962) > Report No. 01 (1963) - Statutory Instruments [11]

APPENDIX I.

Solicitors (Disciplinary Committee) Rules, 1961 (S.I. No. 30 of 1961).

19 Iúil, 1962.

A Chara,

I am directed by the Select Committee on the Statutory Instruments to refer to the Solicitors (Disciplinary Committee) Rules, 1961 [S.I. No. 30 of 1961] which the Incorporated Law Society of Ireland presented to Seanad Éireann on 16th February, 1961, pursuant to the provisions of section 5 of the Solicitors Act, 1954.

The Select Committee notes that section 5 of the Solicitors Act, 1954 obliges the Society to present Regulations made under that statute to both Houses of the Oireachtas but makes no reference to Rules. The Committee would be glad, therefore, to be furnished with the observations of your Society on whether the instrument was correctly laid before Seanad Éireann as a statutory presentation.

Cléireach an Roghchoiste.

The Secretary,

Incorporated Law Society of Ireland,

Four Courts,

Dublin 7.

30th July, 1962.

The Clerk,

Select Committee on Statutory Instruments,

Seanad Éireann,

Dublin 2.

Dear Sir,

I refer to your letter of July 19th on the subject of the Solicitors (Disciplinary Committee) Rules, 1961 (S.I. No. 30 of 1961). While there is no provision under section 16 of the Solicitors (Amendment) Act, 1960 for laying rules made under that section before the Oireachtas, section 5 (3) of the Solicitors Act, 1954 provided that every regulation made under that Act shall be laid by the Society before each House. By section 3 of the Solicitors (Amendment) Act, 1960 the principal and the amending Acts are to be construed as one. It well may be that there is no statutory obligation on the Society to lay before the Oireachtas rules made by the Disciplinary Committee but it is considered advisable to assume that section 5 (3) of the principal act applies.