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

APPENDIX IV.

Defence Force Regulations

(i)

An Rúnaí,

An Roinn Cosanta.

I am directed by the Select Committee on Statutory Instruments to state that it has been considering the following Defence Force Regulations:—

C.S. 7. A contingent of the Permanent Defence Force serving with an International United Nations Force.

D.F.R. A.7—Amendments. Amendment No. 27.

The Select Committee notes that both instruments purport to have retrospective effect and wishes to obtain from your Department a memorandum explaining where the statutory authority for the retrospective clauses is to be found.

The Select Committee also desires me to refer to previous correspondence (3/12004) and paragraph 9 of the Select Committee’s Report (T.170— Pr. 5348) of 13th November, 1959 and to enquire if any progress has since been made in the work of consolidating and codifying the Defence Force Regulations. It wishes, in particular, to learn if any consolidated instruments have been made and, if so, on what dates those instruments were presented to Seanad Éireann.

In the course of its deliberations the Select Committee considered the omission from Defence Force Regulations of a proper citation of authority including an indication of the precise section or sections under which they are made. In the absence of such information the Committee is finding it impossible to discharge its orders of reference in relation to such instruments as D.F.R. A.7—Amendments—Amendment No. 27. The Committee has regard to the views expressed in your memorandum (3/12004) of 20th March, 1956 but was inclined to the view that the difficulties of bringing the Regulations into conformity with statutory instruments generally in this respect were not insurmountable. Accordingly it directed me to seek the further observations of your Department on this matter.

Cléireach an Roghchoiste.

(ii)

An Roinn Cosanta,

Baile átha Cliath.

21 Lúnasa, 1962.

Cléireach an Roghchoiste um Ionstraimí Reachtúla,

Seanad Éireann.

I am directed by An tAire Cosanta to refer to your minute of the 12th ultimo on the subject of Defence Force Regulations and to forward herewith, as requested, a memorandum on the points raised.

Memorandum.

(1) Defence Force Regulations C.S.7—made on 30th March, 1961, with effect from 21st December, 1960.

(2) Amendment No. 27 to Defence Force Regulations A.7—made on 23rd May, 1961, with effect from 19th May, 1961.

1. There is no specific statutory authority in the Defence Acts, 1954 and 1960 for the retrospective clauses in the above Regulations. Defence Force Regulations C.S.7 of the 27th July, 1960, were made to cater for an unusual set of circumstances, i.e., the service abroad for the first time of Units of the Permanent Defence Force with the United Nations. At the time, it was considered that it would be an advantage to Officers serving with the United Nations if short composite Regulations were promulgated composed of those matters which are catered for in the general body of Regulations. Accordingly, without imposing any additional restrictions on personnel, the original Regulations were produced, consisting of those items of the various Regulations affecting discipline, organisation, accountancy, security, etc., which were most likely to be of assistance to Officers with the United Nations. Paragraph 61 of the Regulations of the 27th July, 1960, stated “These Regulations shall cease to have effect as on and from the date of expiry of the Defence (Amendment) Act, 1960”. This Act was repealed by the Defence (Amendment) (No. 2) Act, 1960, which was dealt with as a matter of urgency, but the speed of its passage through both Houses of the Oireachtas did not permit of the remaking of the necessary Regulations (C.S.7) until some months later. The new Regulations of the 30th March, 1961, are, for all practical purposes, the same as the Regulations of 27th March, 1960, which they replaced.

The element of retrospection in item (2). viz. 4 days, was caused by the military need to assemble the Unit urgently in advance of the making of the Regulation. It has been ascertained that the powers conferred by the Regulation were not in fact operated during these four days.

It is regretted that both instruments were expressed to have retrospective effect, but the circumstances were, as already stated, unusual.

2. Because of a shortage of staff, the work of consolidation of Defence Force Regulations has been considerably slowed down. Two Regulations have been issued since 1959:—

D.F.R. Q.14—a new Regulation governing Fire-fighting and Fire prevention, and

D.F.R. S.4—a revised version of an older D.F.R. S.4 which had become out of date.

This latter Regulation was presented to Seanad Éireann on 26th July, 1962 (Pr. 6692). D.F.R. Q.14 was not a presentation document.

Every effort will be made to expedite the consolidation of Defence Force Regulations and it is hoped to make more rapid progress in the future in this work.

3. There are 61 Sections of the Defence Acts, 1954 and 1960, under which the Minister may make Regulations which are exempted from the provisions of the Statutory Instruments Acts, and 53 Sections under which the Minister may make Regulations not so exempted. The difficulties set out in this Department’s memorandum (3/12004) of 20th March, 1956, are still, therefore, valid. In the case of the Regulations at item (1) above —C.S.7—these were made under 12 Sections of the Acts. In the case of larger Regulations the number of Sections would be very much greater. It is not considered that the citation of sections individually would be of any assistance in determining the validity of a Regulation.

(iii)

An Runaí,

An Roinn Cosanta.

I am directed by the Select Committee on Statutory Instruments to refer to the evidence given by Mr. P. J. Kilcullen of your Department before it on 21st ultimo and to previous correspondence regarding Defence Force Regulations.

While appreciating the difficulties involved for your Department the Select Committee is not convinced that there is sufficient justification for the omission of a proper citation of statutory authority from Defence Force Regulations. Accordingly it proposes to recommend to Seanad Éireann that these Regulations be brought into line with delegated legislation generally in this respect.

The Select Committee recognises that the objections to which many of the Regulations are open on the grounds of intelligibility will not disappear until there is a complete codification of the series. As this work will obviously take a long time the Committee has been considering what steps could be taken in the meantime to make the purport of the Regulations clearer to Members. In this connection it has directed me to draw your attention to a circular letter (8/56) issued on 3rd May, 1956, by the Department of Finance, at the instance of a previous Select Committee, instructing all Departments to append at the foot of each statutory instrument an explanatory memorandum explaining its general purport. The Committee can see no good reason why this instruction should not be followed in regard to Defence Force Regulations and proposes to recommend to Seanad Éireann that the practice indicated be adopted in the future.

With regard to the consolidation of Defence Force Regulations the Select Committee understands that it is the practice periodically to produce “reprints” of Regulations incorporating all relevant amendments in order to facilitate civil and military administration. The Committee considers that it should be possible to enact such “reprints” as statutory instruments, as they become available, and to repeal all amending regulations incorporated therein. If this were done it feels that there would be available to Members at intervals reasonably comprehensive regulations and that the long term codification of the instruments would not be retarded in the process. The Committee intends to make a recommendation accordingly.

The Select Committee’s report to Seanad Éireann incorporating its recommendations will be made early in the new year. If your Department has any further observations to offer in the meantime on the points mentioned the Committee will be glad to consider them.

Cléireach an Roghchoiste.

(iv)

28 Eanáir, 1963.

Cléireach an Roghchoiste um Ionstraimí Reachtúla,

Seanad Éireann.

I am directed by an tAire Cosanta to refer to your minute dated 12 Nollaig, 1962, on the subject of Rialacháin Óglaigh na hÉireann and to offer the following observations.

1. As regards the question of citation of statutory authority, an tAire is prepared to expand the existing citation as follows:—

“Arna dhéanamh agus arna fhorordú i bhfeidhmiú na gcumhachtaí a thugtar dom chuige seo le altanna … na hAchtanna Cosanta 1954 agus 1960.”

2. An tAire is prepared to append at the foot of each Rialacháin an explanatory note as to its general purport. It will, of course, be appreciated that such explanatory notes have no statutory significance.

3. As stated in the memorandum which accompanied this Department’s minute of 20th March, 1956, the views of the Committee on the matter of reprints of existing Rialacháin are subscribed to by this Department. Nevertheless, for the reasons set out in that memorandum and reiterated by the officer who gave evidence on 21 Samhain, 1962, reprints of Rialacháin Óglaigh na hÉireann are essential from time to time in the interests of civil and military administration. An tAire feels, therefore, the question of reprints is one for him and not for an Roghchoiste, since a reprint is not a Statutory Instrument.

AODH MacBRÁDAIGH,

(v)

6 Márta, 1963.

Cléireach an Roghchoiste um Ionstraimí Reachtúla,

Seanad Éireann.

I am directed by an tAire Cosanta to refer to this Department’s minute dated 28 Eanáir, 1963, and previous correspondence on the subject of Rialacháin Óglaigh na hÉireann and to notify, for the information of An Roghchoiste, that it is proposed in future, as opportunity offers, to issue Rialacháin Óglaigh na hÉireann in loose leaf form. At intervals, pages which are amended to any great extent will be deleted and new pages substituted by amendment. In this way the Rialacháin will be easily readable and the necessity for reprints will be obviated. This system has proved very successful in the case of Rialacháin Óglaigh na hÉireann C.S.4 (Peace Establishments) where new tables are periodically substituted for existing amended tables.

AODH MacBRÁDAIGH,