Committee Reports > List of Committees > Joint > 1979 > Committee on the Secondary Legislation of the European Communities > Report No. 44 - Statutory Instruments [18]

APPENDIX II

Brucellosis in Cattle (Movement Control) Order, 1978 [S.I. No. 251 of 1978]

Brucellosis in Cattle (Movement Control) (No. 2) Order, 1978 [S.I. No. 252 of 1978]

Brucellosis in Cattle (Notification and Movement Control) Order, 1978 [S.I. No. 253 of 1978], and

Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1978 [S.I. No. 256 of 1978]

An Rúnaí,

An Roinn Talmhaíochta.

I am directed by the Chairman of the Joint Committee on the Secondary Legislation of the European Communities, Mr. Mark Clinton, T.D., to refer to the following statutory instruments made by your Minister on 2nd September, 1978.

Brucellosis in Cattle (Movement Control) Order, 1978 [S.I. No. 251 of 1978]

Brucellosis in Cattle (Movement Control) (No. 2) Order, 1978 [S.I. No. 252 of 1978]

Brucellosis in Cattle (Notification and Movement Control) Order, 1978 [S.I. No. 253 of 1978], and

Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1978 [S.I. No. 256 of 1978].

I am to request you to furnish for the information of the Joint Committee a memorandum explaining the extent to which the making of these statutory instruments was necessitated by the provisions of Council Directive 77/391/EEC, Council Directive 78/52/EEC or other secondary legislation of the European Economic Community. Insofar as the statutory instruments were necessitated by such secondary legislation I am also to invite your comments on the absence of any reference to the relevant secondary legislation either in the statutory instruments themselves or in the accompanying explanatory memoranda.

M. G. KILROY,

3 Deireadh Fómhair, 1978. Cléireach an Chomhchoiste.

The Clerk,

Joint Committee on the Secondary Legislation of the European Communities,

Leinster House,

Dublin 2.

I am directed by the Minister for Agriculture to refer to your minute of 3 October concerning Orders made by the Minister under the Bovine Tuberculosis and Brucellosis Eradication Schemes. The following is the position regarding the recent Orders:

Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1978 (S.I. 256 of 1978)

Part of Article 12 (2) (No. 4 of Part II of 2nd schedule) included to comply with Article 14 (fifth indent Paragraph 3) of Directive 78/52/EEC.

Brucellosis in Cattle (Movement Control) Order, 1978 (S.I. No. 251 of 1978) Articles 3 and 4 included to comply with Article 11 of Directive 78/52/EEC.

Brucellosis in Cattle (Movement Control) (No. 2) Order 1978 (S.I. No. 252 of 1978)

Articles 4 and 6 included to comply with Article 6 (3) of Directive 78/52/EEC. Article 5 included to comply with Article 8 of Directive 78/52/EEC.

Brucellosis in Cattle (Notification and Movement Control) Order, 1978 (S.I. No. 253 of 1978)

Article 3 included to comply with Article 5 of Directive 78/52/EEC.

With reference to the absence of any reference to secondary legislation, in so far as the Instruments were necessitated by the acts of the European Economic Community referred to in this particular case, the Minister had a choice of making the regulations either under Section 3 of the European Communities Act, 1972, or the Diseases of Animals Act, 1966. It was considered that, were such regulations to be made by the Minister under the 1972 Act they should be comprised in a separate Instrument. However, as it was open to the Minister to make all the regulations under the 1966 Act it was considered that this course would commend itself more readily to the public.

M. DOWLING.

25 October, 1978.