Committee Reports > List of Committees > Joint > 1986 > Committee on the Secondary Legislation of the European Communities (4th Committee) > Report No. 35 - Statutory Instruments [19]

APPENDIX 5

Secretary

Department of Health

Hawkins House

Dublin 2

I am directed by Mr. Gerard Collins T.D., Chairman of the Joint Committee on the Secondary Legislation of the European Communities to refer to the above Regulations. I am to enquire for the information of the Joint Committee the reason the consent of the Minister for Industry, Trade, Commerce and Tourism was not appended to these Regulations as the principal Regulations of 1979 were specifically revoked including presumably the original consent.

________________________

Seamus Phelan

Principal Committee Clerk

9 July, 1986.

Department of Health

Attention Mr. S. Phelan

Principal Committee Clerk

29 August, 1986.

Joint Committee on the Secondary

Legislation of the European Communities

I am directed by the Minister for Health to refer to your minute dated 9th July, 1986 concerning your query in relation to the reason why the consent of the Minister for Industry, Trade, Commerce and Tourism was not appended to the European Communities (Cosmetic Products) Regulations, 1986 (S.I. No. 35 of 1986) as had been the case in relation to the previous (1979) Regulations.

I am to explain that the consent concerned amounted to agreement by that Minister to enforcement by his officers of specific provisions of the Regulation relating to metrication and the use of false and misleading claims in respect of cosmetic products.

During the course of drafting the 1984 Regulations, which revoked the 1979 Regulations and which are now cited as the “principal Regulations”, the legal advice available to the Department was that statutory instruments made under the European Communities Act, 1972 did not require the counter signature of a second Minister. Accordingly, the consent of the Minister for Industry, Trade, Commerce and Tourism was not appended to either the 1984 or the 1986 Regulations. That Department has been kept informed of developments however and is fully aware that its officers continue to be responsible for enforcing the provisions referred to above.

I trust that the above information clarifies the position for you.

________________________

N. P. Usher

Public Health Division