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APPENDIX VII.Turf Development Act, 1953 (General Employees) Superannuation (Amendment) (No. 3) Scheme, 1967.An Rúnaí, An Roinn Iompair agus Cumhachta. I am directed by the Select Committee on Statutory Instruments to refer to the Turf Development Act, 1953 (General Employees) Superannuation (Amendment) (No. 3) Scheme, 1967 which was approved by the Minister for Transport and Power on 29th December, 1967, the Minister for Finance concurring in the approval on the same date. The Committee notes that this scheme was not presented to Seanad Éireann until 30th January, 1968 and it would be glad to learn what the reasons were for the delay. The Committee assumes that the scheme was made under section 6 (6) of the Turf Development Act, 1953 under which Bord na Móna “may at any time, with the approval of the Minister, amend a scheme under this section”. There is nothing, however, in the instrument itself to indicate that the amending scheme which the Minister is approving is one which was made by Bord na Móna. The Committee would welcome the comments of your Department on this apparent omission. M. G. KILROY. Cléireach an Roghchoiste. 21 Márta, 1968. Clerk, Seanad Select Committee on Statutory Instruments, Leinster House, Dublin 2. I am directed by the Minister for Transport and Power to refer to your minute of 21st March, 1968, concerning the Turf Development Act, 1953 (General Employees) Superannuation (Amendment) (No. 3) Scheme, 1967. With regard to paragraph 2 of your minute under reply, the delay in presenting the Scheme, which was signed on 29th December, 1967, is regretted. The delay was due to pressure of work and staff changes within the Department. Measures have since been taken which should prevent a recurrence of this situation in the future. In paragraph 3 of your minute dated 21st March, 1968, you point out that there is nothing in the Instrument to indicate that the amending scheme which the Minister approved is one which was made by Bord na Móna. In reply, I am to state that the Minister was quite satisfied when the Scheme was submitted to him that it was prepared by Bord na Móna, and it can be proved, if it should ever become necessary to do so, that the Scheme approved by the Minister is in fact the Scheme prepared by Bord na Móna. The Minister’s approval to the Scheme does not have to be given by means of an Instrument. If it is given by Instrument, it is not necessary from the legal point of view that the Instrument (which does not have to be published and is not part of the Statutory Instrument Series) should contain any particular statement for information regarding the Scheme. The Minister must be presumed to exercise his powers correctly, and therefore a Scheme approved by him under a power enabling him to approve schemes prepared by Bord na Móna, must be taken to have been prepared by Bord na Móna. It is quite clear from the Scheme that it purports to amend the Turf Development Act, 1953 (General Employees) Superannuation Scheme, 1956, and from a perusal of that Scheme it is quite clear that it was made by Bord na Móna. The comments of the Select Committee on Statutory Instruments have been conveyed to Bord na Móna. D. S. Ó MAOLÁIN. 4 Iúil, 1968. |
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