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

APPENDIX IX.

County Kerry (Jurors’ Lists and Register of Electors) Order, 1961 (S.I. No. 204 of 1961).

An Runaí,

An Roinn Rialtais Áitiúil,

Baile Átha Cliath.

I am directed by the Select Committee on Statutory Instruments to refer to the County Kerry (Jurors’ Lists and Register of Electors) Order, 1961 [S.I. No. 204 of 1961] which is stated to have been made under the powers conferred on the Minister for Local Government by section 7 of the Local Government (Collection of Rates) Act, 1924.

The Select Committee notes that the Order purports to revoke the Local Government (Collection of Rates) Act, 1924 Order No. 29, 546/1924. It is not clear to the Committee that the power of revocation is conferred by the parent statute, section 7 of which states that “the Minister may by order wherever it shall become necessary by reason of any rules made under this Act or otherwise transfer all or any of the powers and duties of a collector of poor rate …. to any person or persons appointed for the purpose by the local authority with the approval of the Minister or, with the consent of the Minister for Home Affairs, to the Garda Síochána and may by such order adapt any enactment, order, or rule relating to any such power or duty …”

The Select Committee wishes to be furnished with the observations of your Department on the foregoing point.

Cléireach an Roghchoiste.

7th November, 1962.

The Clerk,

Select Committee on Statutory Instruments,

Seanad Éireann,

A Chara,

With reference to your minutes of 25 Deireadh Fómhair and 19 Iúil, 1962, regarding the County Kerry (Jurors’ Lists and Register of Electors) Order, 1961 (S.I. No. 204 of 1961), I am directed by the Minister for Local Government to state that section 7 of the Local Government (Collection of Rates) Act, 1924, provides that the Minister may by Order, adapt any enactment, order or rule relating to a power or duty transferred under the section “in such manner as shall be necessary to give effect to the order”.

By an order of 24th October, 1924, the Minister transferred certain duties in the Kerry county health district to the Gardaí. In 1960 the Minister for Justice intimated that the Gardaí were no longer prepared to carry out these duties and it became necessary to transfer them to assistance officers. This was done by S.I. No. 204 of 1961. To give effect to this Order, it was necessary to adapt the 1924 order by revoking the transfer duties to the Gardaí.

Further, the Order of 1924, provided that it was to continue in force until the Minister otherwise determined. The revocation of this Order by S.I. No. 204 of 1961 was a determination that it was no longer to continue in force.

At the time of its revocation, the 1924 Order applied only to Kerry County Health District; earlier, by an Order made on 20th December, 1926 it ceased to have effect in the County Health District of Sligo.

A copy of the 1924 and 1926 Orders is enclosed.