Committee Reports > List of Committees > Seanad > 1973 > Select Committee on Statutory Instruments > Report No. 03 - Statutory Instruments

APPENDIX IV.

Form of, and retrospective element in, Statutes.

(i)

Registrar,

National University of Ireland,

49 Merrion Square,

Dublin 2.

A chara,

Further to recent correspondence on the subject of Statutes made by the National University of Ireland and its constituent colleges in the period since 10th December, 1969, I am directed by the Select Committee on Statutory Instruments to say that it notes that (i) many of the statutes purport to have retrospective effect, (ii) a note describing the general purport of the instrument is not furnished with each statute and (iii) there does not appear to be a consistent practice in relation to the format of the statutes.

With regard to (i) I am to refer to the terms of reference of the Committee which requires that the special attention of Seanad Éireann be drawn to an instrument on the grounds that—

“it purports to have retrospective effect where the parent Statute confers no express authority so to provide.”

In relation to (ii) I am to say that a previous Select Committee recommended that an explanatory memorandum be given at the end of each statutory instrument so that the general purport of the instrument should be clearly intelligible to persons affected and to the public. This recommendation has since been adopted by instrument-making authorities. Where an instrument appears without an explanatory memorandum it is the practice of the Committee to bring it to the attention of the Seanad.

In relation to (iii) the Committee notes that Statutes made by the National University are expressed to be annexed to the main text whereas the Statutes of the constituent colleges are contained in a separate schedule which follows the main text. In the Committee’s view the format of the Statutes made by the National University is the better one.

Before proceeding to report to the Seanad the Committee would be glad to have the benefit of any observations you may wish to make on the matters referred to.

Clerk to the Select Committee.

14 Meán Fómhair, 1972.

(ii)

Mr. C. P. Ó Briain,

Clerk to Select Committee on Statutory Instruments,

Seanad ÉIreann,

Dublin 2.

Dear Mr. Ó Briain,

I am in receipt of your letter of 14th September and note its contents. I will have the relevant points considered by the Standing Committee at its meeting on October 25th after which I will write to you.

18 September, 1972.

(iii)

C. P. Ó Briain, Uasal,

Clerk to Select Committee on Statutory Instruments,

Dublin 2.

Dear Sir,

With reference to your letter of 14th September, 1972, I have been directed to inform you that it is not University policy to pass Statutes which have retrospective effect. Occasionally it may be necessary to do so, particularly on the question of adjustments in salaries, but as the conditions for adjustments in these cases are normally the result of Government decisions the retrospective element is not directly the responsibility of the University. As the Senate meets at infrequent intervals during the year there is also a possibility of a time lag in respect of some items.

With regard to the desirability of attaching a note to Statutes describing their general content, there will be no difficulty about that but it was thought that as most of the University Statutes are short, the need for such an explanatory note was unnecessary.

With regard to the third point, the Senate notes that the format of the Statutes made by the National University is the correct one.

30 October, 1972.