Committee Reports > List of Committees > Seanad > 1966 > Select Committee on Statutory Instruments > Report No. 02 - Statutory Instruments

APPENDIX VII.

Wheat Order, 1964 [S.I. No. 194 of 1964].

An Rúnaí,

An Roinn Talmhaíochta.

I am directed by the Select Committee on Statutory Instruments to refer to Article 7 (1) of Wheat Order, 1964 which prohibits during the sale season the sale, disposal or use of wheat purchased from growers “except under and in accordance with the directions of the Minister.”

The Committee notes that section 2 (1) (h) of the Agricultural Produce (Cereals) (Amendment) Act, 1956 enables the Minister by order to “provide for control during the sale season of the possession, sale, disposal or use of such wheat.” On the face of it, therefore, it would seem that the Minister is assuming in the Order power to discharge by “directions” a function which the parent statute contemplates his performing by statutory instrument. The Committee appreciates that Article 7 (1) of the Order may be in the interests of more flexible administration but is nevertheless inclined to the view that such powers if needed should have the specific authority of the parent statute. It would appreciate the views of your Department in the matter.

The Committee would also like to know whether it is considered that a permit issued under Article 15 of the Order would constitute a sufficient “direction” to the prospective seller to sell.

Cléireach an Roghchoiste.

29 Iúil, 1965.

Cléireach an Roghchoiste,

I am directed by the Minister for Agriculture and Fisheries to refer to previous correspondence in connection with enquiries made by the Select Committee on Statutory Instruments regarding the Wheat Order, 1964, (S.I. No. 194 of 1964) and to state that the views of the Attorney-General on the points raised have now been obtained.

The Attorney-General comments that the words in Section 2 (1) (h) relevant to the matter in issue permit the Minister in any year by Order “… to provide for control … of the … sale … of … wheat”. He observes that it is quite significant that the words are “to provide for control” and not “to control” and that it would appear that the statute gives power to the Minister by order to make provisions the effect of which will be to control the sale of wheat. He observes that by Article 7 the Minister does that by prohibiting sale except under and in accordance with his directions—in other words, the providing for control must be by order, but the detail of control in accordance with the provisions of the order need not. The Attorney-General is accordingly of the view that the order does what the enabling section contemplated and the directions given by by the Minister in accordance with the order need not be by order.

As regards the last paragraph of your minute the Attorney-General comments that prima facie it would seem that a permit to purchase would not appear to achieve the same result as a direction to sell since each would be directed to a different person and to achieve a sale there must be a seller and a purchaser.

Article 15 enables the creation of an authorised purchaser—listed at Section 6 (1) (f)—to purchase a specified quantity of wheat. Authorised purchasers purchase from growers—Section 6 (1). Growers do not require a direction to sell. Only wheat “purchased from growers” is subject to “directions of the Minister” for sale or disposal—Section 7. In the circumstances it is considered that a permit to purchase issued under Section 15 does not constitute that a permit to purchase issued under Section 15 does not constitute a direction to sell required under Section 7 (1).

P. D. SHAFFREY,

9 Samhain, 1965.