Committee Reports::Report No. 01 (1963) - Statutory Instruments [11]::31 July, 1963::Appendix

I am directed by the Select Committee on Statutory Instruments to refer to the Returning Officers’ (Borough and County Constituencies) Charges Order, 1961 [S.I. No. 203 of 1961] and the Returning Officers’ (Borough and County Constituencies) Charges (No. 2) Order, 1961 [S.I. No. 278 of 1961] which are stated to have been made under the powers conferred on the Minister for Finance by section 25(5) of the Electoral Act, 1923.

The Select Committee notes that section 25(5) of the Electoral Act, 1923, states that the Minister “shall prescribe a scale of maximum charges … and may revise the scale … and may also make regulations as to the time and manner and form in which accounts are to be rendered to him …”. It seems to the Committee that while this provision authorises the Minister to make Regulations it does not empower him to make Orders. Moreover, if the Order is held to be the proper instrument by which the Minister discharges his functions under the section, it does not appear to the Committee that the power “to revise the scale” confers authority to amend earlier Orders in other respects.

The Select Committee observes that S.I. No. 278 of 1961 contains the following clause but that no similar provision is included in S.I. No. 203 of 1961:—

The significance of the omission of the clause from S.I. No. 203 of 1961 is not clear to the Committee.

The Select Committee wishes to be furnished with an explanatory memorandum on the foregoing points.

M. G. KILROY,

Cléireach an Roghchoiste.

19 Iúil, 1962.

I am directed by the Minister for Finance to refer to your Committee’s comments of 19th July, 1962, regarding certain Returning Officers’ Charges Orders and to transmit herewith a copy of an explanatory memorandum prepared in the Attorney General’s Office in the matter.

J. R. WHITTY,

Explanatory Memorandum.

Section 25(5) of the Electoral Act, 1923, enables the Minister to prescribe a scale and to revise the scale. The manner of doing so is not specified. Therefore it is open to the Minister to select any means he wishes to effect the prescription or revision and revision of the scale by order is valid. The Minister’s power has been exercised in this way for more than thirty-five years. (See S.R.&O., No. 40 of 1927 and S.R.&O., No. 72 of 1927).

The amendments effected by paragraphs 4 and 5 of S.I. No. 203 of 1961 are amendments of the actual scales prescribed under section 25 (5) and entitled in the orders “Scale of Maximum Charges” (see Schedule to S.R. & O., No. 143 of 1937 and Schedule to S.R. & O., No. 142 of 1938) and, therefore, appear to be “revisions of scales” as contemplated by section 25 (5). Alternatively, the amendments may be regarded as an exercise by the Minister of his power to prescribe a scale in relation to constituencies named in the Electoral (Amendment) Act, 1961.

Although in some cases the provision is not strictly required for the construction of the instrument, a provision applying the Interpretation Act, 1937, is usually, but not invariably, inserted in instruments made under pre-1937 Acts. As there is nothing in S.I. No. 203 of 1961 the meaning or interpretation of which would be aided (or altered) by its insertion, the omission of the provision is not significant.

APPENDIX VIII.

Returning Officers’ (Borough and County Constituencies) Charges Order, 1961 [S.I. No. 203 of 1961]. Returning Officer’s (Borough and County Constituencies) Charges (No. 2) Order, 1961 [S.I. No. 278 of 1961].

Explanatory Memorandum.