Committee Reports::Report No. 35 - Statutory Instruments [19]::10 December, 1986::Appendix


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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 6

Secretary

Department of Health

Re:- E.C. (Veterinary Medicinal Products)

Regulations, 1986.

[S.I. No. 22 of 1986]

Dear Secretary,

I am directed by the Chairman of the Joint Committee, Mr. Gerard Collins, T.D., to refer to the above Regulations.

Having regard to the views expressed by the Joint Committees over the years in relation to the prescribing of fees in Statutory Instruments made under the European Communities Act, 1972, in particular the observations in the reports referred to hereafter, I am to request you to supply a memorandum explaining regulation 14 of the above regulations.

Report No.		Date Adopted	Prl. No.	Paragraphs
1.	20th	28 June, 1978	7279	10-14
2.	50th	27 Feb. 1979	8088	7, 8
3.	88th	11 March, 1981	9680	3-5
4.	10th	7 Nov. 1984	-	15
5.	13th	31 Jan. 1985	-	17

Copies of these reports are enclosed.

Yours sincerely

________________________

Jody Blake

Assistant Principal Committee Clerk

18 July, 1986.

Department of Health

16 September, 1986.

Joint Committee on the Secondary

Legislation of the European Communities

Leinster House

Dublin 2

I am directed by the Minister for Health to refer to your recent minute dated 18th July, 1986 concerning the fixing of fees by administrative means provided for under article 14 of the European Communities (Veterinary Medicinal Products) Regulations, 1986 (S.I. No. 22 of 1986).

Legal advice available to the Department is that it is permissible in relation to Regulations made under the European Communities Act, 1972 for the Minister to fix charges and to make it a condition that the Minister for Finance consents to the fixing of such charges.

In relation to the fixing of fees generally, I am to say that this is a matter which will be determined on the basis of the requirement laid down by the Department of Finance that such fees be levelled at a rate and revised every year to take account of the cost of administration of the scheme, movements in the cost of living index and the anticipated yield from the fees. That Department has also indicated that subject to adherence to this formula, specific approval to each new scale of fees will not be necessary. This avoids the necessity for formal amendment to the Regulations by the Minister for Health every twelve months, countersigned by the Minister for Finance.

I trust the above information clarifies the position.

________________________

N.P. Usher

Public Health Division