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

REPORT

PART I

1. Subsequent to its meeting of 23rd October, 1968, the Select Committee appointed by Resolution of 7th July, 1965 examined the one hundred and fifty instruments which are listed in the Proceedings.

2. In accordance with the Resolution of 10th December, 1969 this Select Committee has examined the explanatory memoranda submitted to the previous Committee in the period stated in the Resolution. As a result of this examination it has decided that the special attention of Seanad Éireann should be drawn to the four instruments of which details are given in Part II of this Report.

PART II

3. It has not been found necessary to draw the special attention of Seanad Éireann to any instrument on grounds (i) or (v) of the terms of reference.

4. On ground (ii), viz. “that it appears to make some unusual or unexpected use of the powers conferred by the Statute under which it is made,” the special attention of Seanad Éireann is drawn to the following two instruments:—

Redundancy (Redundancy Appeals Tribunal) (Amendment) Regulations, 1969 [S.I. No. 26 of 1969].

These regulations which are expressed to be made under Section 39 (19) of the Redundancy Payments Act, 1967 authorise the payment by the Redundancy Appeals Tribunal of expenses to witnesses appearing before it. Section 39 (19) (g) provides for “the award by the Tribunal of costs and expenses and the payment of such awards” but there is no reference in the section to such payments being made from the Redundancy Fund. The Department of Labour has been advised (see Appendix I) that as the source of the payment is not indicated in the statute it is open to the Minister to provide for the payment from any source which he considers appropriate. The Department refer to the “loose” wording used in Section 26 (1) in regard to the making of payments out of the Fund as contrasted with the stricter wording in relation to payments into the Fund. It is noted, however, that the long title to the Act in referring to the Redundancy Fund refers to “payments to be made out of that Fund to employers and employees”. The Select Committee is not convinced that because the statute does not specifically forbid it, payments of witnesses expenses may be authorised from the Redundancy Fund.

Censorship of Films (Fees) Order, 1969 [S.I. No. 72 of 1969].

Article 2 (2) of the Order purports to enable the Minister for Justice to exempt from payment of fees applications to the Official Censor in respect of films of an educational nature. Section 11 (1) of the Censorship of Films Act,1923, provides that “there shall be charged in respect of applications to the Official Censor … such fees as the Minister, with the sanction of the Minister for Finance shall from time to time fix”. This provision suggests that the charging of a fee is mandatory and that the Minister’s function is to determine how much is payable. The Department of Justice hold the view (see Appendix 11) that the provision in section 11 is mandatory in form only and not in substance. In its view the section does not exclude the fixing of a purely nominal fee and ought not therefore to be interpreted as prohibiting exemption from any fee in any appropriate case. However much it may sympathise with the Minister’s motives the Committee remains unconvinced that this exemption from fees is anything other than an unexpected use of the powers given in section 11.

5. On ground (iii), viz. “that it purports to have retrospective effect where the parent statute confers no express authority so to provide”, the special attention of Seanad Éireann is drawn to the following instrument:—

Trustee Savings Banks (Interest on Deposits in Special Account) Regulations, 1969 [S.I. No. 15 of 1969].

These regulations, which were made by the Minister for Finance on 30th January, 1969, prescribe the rates of interest payable during the period from 1st January, to 20th January 1969 and the period commencing on 21st January, 1969 on moneys paid by the trustee savings banks to the Minister for Finance pursuant to section 31 (3) of the Finance Act, 1940. The regulations were made under the Finance (No. 2) Act, 1968 which became law on 18th December, 1968. The Department of Finance wished (see Appendix III) to bring the new interest rates into effect from 21st January, 1970 to compensate the Banks for increased rates payable to depositors from that date. As the parent statute gives no authority for making regulations with retrospective effect the necessary instrument should therefore have been made between 18th December, 1968 and 1st January, 1969. No explanation has been given as to why this was not done.

6. On ground (iv) viz., “that there appears to have been unjustifiable delay either in the laying of it before Seanad Éireann or in its publiction,” the special attention of Seanad Éireann is drawn to the following instrument:—

Industrial Training (Textiles Industry) Order, 1968 [S.I. No. 278 of 1968].

Order made: 19th December, 1968; Laid: 10th January, 1969.

The explanation furnished by An Comhairle Oiliúna is given in Appendix IV.

(Signed) W. A. W. SHELDON,

Chairman.

24th June, 1970.