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

REPORT

Instruments Examined

1. Since it made its twenty-ninth report (Prl. 7530) on 8th November, 1978 the Joint Committee has examined the eighteen statutory instruments which are listed in Appendix I to this report. It will be noted that thirteen of the instruments were made under the European Communities Act, 1972 and the remaining five under other statutes. In regard to the latter the Committee has been advised by the Government Departments concerned that these instruments only arise in part out of Community secondary legislation. The Committee has no observations to offer on the merits of any of the instruments examined but it wishes to draw attention to a point of general application to which it has already referred in previous reports and which arose again in connection with its examination of the instruments made under statutes other than the European Communities Act, 1972.

Citation of Relevant Community Legislation

2. In its two earlier reports* on statutory instruments the Joint Committee referred to the omission from some statutory instruments of any reference to the Community legislation which they purport to implement. In the Committee’s view persons affected by a statutory instrument are entitled to see from a perusal of the instrument what Community legislation, if any, is relevant. Moreover, the work of the Committee itself would be facilitated and needless correspondence with Government Departments avoided if its earlier recommendations on this subject were consistently followed.

3. In the case of instruments made under the European Communities Act, 1972 the Joint Committee has rarely cause to complain of the absence in the text of instruments of an appropriate reference to the relevant Community legislation but it does consider that the explanatory memoranda supplied with many of these instruments is quite inadequate in that they do not contain a summary of the Community legislation and an explanation of the link between it and the instrument. However, it is with instruments made under other statutes that the Committee is finding most cause for complaint. Nobody reading the first four instruments listed in Appendix I which were made by the Minister for Agriculture under the Diseases of Animals Act, 1966 would find any indication either in the text or in the accompanying explanatory memoranda that Community obligations were involved. Nevertheless, it has emerged from correspondence with his Department (see Appendix II) that a number of provisions were included in these instruments so as to comply with the provisions of a Council Directive. In instruments of this kind the Committee can see no reason why the link with Community legislation should not be indicated in an appropriate preamble to the instrument and the position explained fully in layman’s language in the accompanying explanatory memorandum.

4. The Joint Committee wishes to give all those concerned with preparing statutory instruments a further opportunity of considering this matter. It proposes in due course to report further to the Houses and it trusts that it will be able to report that the matter has been satisfactorily resolved.

Chairman of the Joint Committee.

7th March, 1979.

* Twentieth Report (Prl. 7279): pars. 20 to 22.

Twenty-Ninth Report (Prl. 7530): pars. 3 to 5.