Committee Reports > List of Committees > Seanad > 1971 > Select Committee on Statutory Instruments (appointed 10th December 1969) > Report No. 02 (1971) - Statutory Instruments [6]

APPENDIX II.

Sheep Dipping (Tests of Dips) (Fees) Order, 1969

(S.I. No. 245 of 1969).

An Rúnaí,

An Roinn Talmhaíochta agus Iascaigh.

I am directed by the Select Committee on Statutory Instruments to state that it has been examining the Sheep Dipping (Tests of Dips) (Fees) Order, 1969 (S.I. No. 245 of 1969) which is purported to be made pursuant to the provisions of sections 3, 6, 10 and 35 of the Diseases of Animals Act, 1966.

The Committee notes that the order provides for the payment of a fee of £100 to the Minister for Agriculture and Fisheries in respect of the testing of a dip but it is not clear to the Committee that the authority to charge such a fee is conferred on the Minister by any of the sections cited as authority for the making of the order. The Committee would be glad, therefore, to have your Department’s comments on this point.

C. P. Ó BRIAIN,

Cléireach an Roghchoiste.

19 Eanáir, 1970.

Secretary,

Select Committee on Statutory Instruments,

Seanad Éireann.

I am directed by the Minister for Agriculture and Fisheries to refer to your minute of 19 January regarding the Sheep Dipping (Tests of Dips) (Fees) Order, 1969 and to state that he is advised as follows on the point raised by the Select Committee.

“The testing of a sheep dip is necessary to ascertain its fitness for approval under the Orders cited in Article 2 of the Order in question. This testing is an inspection, or other act, precedent to the doing by the Minister of the further act of giving such approval. Under Section 6 of the Diseases of Animals Act, 1966, a fee may be demanded for such precedent inspection or other act to the extent and only to the extent to which that may be prescribed. Section 3 (1) (b) authorises the Minister to make orders for any matter which under the Act may be prescribed. “Prescribed” is defined in Section 2 (1) as meaning prescribed by order. The Order in question is a valid prescription under Sections 3 and 6 of fees relating to acts precedent to grant of approval under the Orders referred to.”

3 Márta, 1970.