Committee Reports > List of Committees > Joint > 1975 > Committee on the Secondary Legislation of the European Communities > Report No. 22 - Statutory instruments [9] made under the European Communities Act 1972

IMEACHTAÍ AN CHOMHCHOISTE

PROCEEDINGS OF THE JOINT COMMITTEE

Déardaoin, 11 Nollaig, 1975

Thursday, 11th December, 1975

1. The Joint Committee met at 4.00 p.m.

2. Members Present.

The following members were present:

Deputies Haughey (in the Chair), Collins, Dockrell and Esmonde; Senators Boland, Robinson and Ryan. Apologies for inability to attend were received from Deputies Dunne and Thornley.

3. Draft Report on Nine Statutory Instruments made under the European Communities Act, 1972.

The Chairman brought forward a Draft Report which was read as follows:—

(i) Paragraphs 1 to 8 inclusive, agreed to.

(ii) Paragraph 9.

Amendment proposed (Senator Boland):

“To delete the paragraph and substitute the following:

‘The Joint Committee in considering whether the penalty provided could be regarded as excessive had due regard to a letter received from the Director of the Central Statistics Office (which is reproduced in Appendix II). The Joint Committee has grave doubts that a £500 fine is an appropriate penalty for a summary conviction or that such penalty is warranted by the nature of the offences involved.’”

Amendment agreed to.

(iii) Paragraphs 10 to 18 inclusive agreed to.

(iv) New paragraph:—

Amendment proposed (Senator Ryan):

“Before paragraph 19 to insert the following new paragraph:—

‘Methods of Implementing Secondary Legislation

The Joint Committee accepts that Ministerial regulations made under section 3 of the European Communities Act, 1972 may lawfully amend Acts of the Oireachtas or other statutes in force if such is required by the Community secondary legislation which the regulations are to implement. However, the fact that the power exists ought not, in the Joint Committee’s opinion, to mean that it is appropriate to use it in every case. Regard should be had to the relative importance of the statute to be amended and to the range of its application to determine whether the amendment should be effected by a statutory instrument or amending statute. In the case of a statute such as the Road Traffic Act, 1961 which is of such importance in the everyday life of citizens the Joint Committee considers that any proposals for its amendment should be initiated by a Bill introduced in the Dáil or Seanad. It recommends that, when opportunity offers, Regulations S.I. No. 178 of 1975 should be repealed and its terms incorporated in an amending statute.’”

Amendment agreed to.

(v) Paragraph 19 agreed to.

Draft Report, as amended, agreed to.

Ordered: To report accordingly.

4. Adjournment.

The Joint Committee adjourned at 5 p.m.