Committee Reports > List of Committees > Seanad > 1970 > Select Committee on Statutory Instruments > Report No. 01 - Statutory Instrument [1]

SEANAD ÉIREANN

RESOLUTIONS OF REFERENCE.

7th July, 1965:— Resolved: (1) That a Select Committee, to be nominated by the Committee of Selection, be appointed to consider every Statutory Instrument laid, or laid in draft before Seanad Éireann, in pursuance of a statutory requirement with a view to determining whether the special attention of Seanad Éireann should be drawn to it on any of the following grounds:—

(i) that it imposes a charge on the public revenue or contains provisions requiring payments to be made to the Exchequer or any Government Department or to any local or public authority in consideration of any licence or consent, or of any services to be rendered or prescribes the amount of any such charge or payments;

(ii) that it is made in pursuance of any enactment containing specific provisions excluding it from challenge in the Courts either at all times or after the expiration of a specified period;

(iii) that it appears to make some unusual or unexpected use of the powers conferred by the Statute under which it is made;

(iv) that it purports to have retrospective effect where the parent Statute confers no express authority so to provide;

(v) that there appears to have been unjustifiable delay either in the laying of it before Seanad Éireann or in its publication;

(vi) that for any special reason its form or purport calls for elucidation.

(2) That the Select Committee consist of nine members of whom three shall form a quorum.

(3) That the Select Committee have power to report from time to time and to require any Government Department or other instrument making authority concerned to submit a memorandum explaining any Statutory Instrument which may be under their consideration or to depute a representative to appear before them as a witness for the purpose of explaining any such Statutory Instrument.

(4) That it be the duty of the Committee before reporting that the special attention of Seanad Éireann should be drawn to any Statutory Instrument to afford to any Government Department or other instrument making authority concerned therewith an opportunity of furnishing orally or in writing such explanations as the Department or authority may think fit and the Select Committee have power to report to Seanad Éireann from time to time, any memoranda submitted or other evidence given to them in explanation of any Statutory Instrument.

(5) That the Minutes of Evidence taken before the Select Committee appointed by Resolution of 21st March, 1962, and the explanatory memoranda submitted to it subsequent to its Report of 31st July, 1963, be referred to the Committee for examination and report. [Senator Sheldon].

SENATORS NOMINATED TO THE COMMITTEE BY THE COMMITTEE OF SELECTION.

7th July, 1965:— Committee nominated consisting of Senators Cole, Crowley, Lenehan, McDonald, Malone, O’Kennedy, Eoin Ryan, Sheehy Skeffington and Sheldon.

12th June, 1968:—Senator Yeats appointed in place of Senator Eoin Ryan, discharged.

10th December, 1969:—Resolved: (1) That a Select Committee be appointed to consider every Statutory Instrument laid, or laid in draft before Seanad Éireann, in pursuance of a statutory requirement with a view to determining whether the special attention of Seanad Éireann should be drawn to it on any of the following grounds:—

(i) that it imposes a charge on the public revenue or contains provisions requiring payments to be made to the Exchequer or any Government Department or to any local or public authority in consideration of any licence or consent, or of any services to be rendered or prescribes the amount of any such charge or payments;

(ii) that it appears to make some unusual or unexpected use of the powers conferred by the Statute under which it is made;

(iii) that it purports to have retrospective effect where the parent Statute confers no express authority so to provide;

(iv) that there appears to have been unjustifiable delay either in the laying of it before Seanad Éireann or in its publication;

(v) that for any special reason its form or purport calls for elucidation.

(2) That the Select Committee consist of nine members of whom three shall form a quorum.

(3) That the Select Committee have power to report from time to time and to require any Government Department or other instrument making authority concerned to submit a memorandum explaining any Statutory Instrument which may be under their consideration or to depute a representative to appear before them as a witness for the purpose of explaining any such Statutory Instrument.

(4) That it be the duty of the Committee before reporting that the special attention of Seanad Éireann should be drawn to any Statutory Instrument to afford to any Government Department or other instrument making authority concerned therewith an opportunity of furnishing orally or in writing such explanations as the Department or authority may think fit and the Select Committee have power to report to Seanad Éireann from time to time, any memoranda submitted or other evidence given to them in explanation of any Statutory Instrument.

(5) That the explanatory memoranda submitted to the Select Committee appointed by Resolution of 7th July, 1965, subsequent to its Report of 19th March, 1969, be referred to the Committee for examination and report. [Senator Sheldon].

SENATORS NOMINATED TO THE COMMITTEE BY THE COMMITTEE OF SELECTION.

10th December, 1969:— Committee nominated consisting of Senators Bourke, Garrett, Kelly, McElgunn, Malone, O’Sullivan, Owens, Sheehy Skeffington and Sheldon.