Committee Reports > List of Committees > Joint > 1986 > Committee on Legislation > Report - Statutory Instruments [18]

APPENDIX V

Secretary,

Department of Agriculture.

I am directed by the Chairman of the Joint Committee, Mr. Mervyn Taylor, T.D., to refer to the Authorised Coursing Meetings (Exemption from Levy) Regulations, 1983 (S.I. No. 345 of 1983).

I am to enquire whether the levies dealt with by these Regulations are those provided for in section 32 of the Greyhound Industry Act, 1958. If so it is not clear to the Joint Committee that Bord na gCon may by regulations grant exemptions from the payment of these levies although sections 32 and 33 of the Act provide for remissions or refunds by the Board in certain circumstances and section 31(1) (b) of the Act enables the Minister for Agriculture by order made with the consent of the Minister for Finance to terminate the operation of section 32 from a specified date. In this connection sections 2 agus 3(3) of the Act quoted in the citation of authority in the Regulations merely indicate that the Board may make regulations in relation to any matter referred to in the Act as prescribed or to be prescribed. The Joint Committee would have expected that the citation of authority would have referred to the precise section of the Act which enables exemption from levies to be prescribed.

I am to request the observations of the Board on the foregoing.

T. DWAN,

Clerk to Joint Committee.

25th April, 1985.

14 May, 1985,

Mr. T. Dwan,

Clerk to Joint Committee,

Joint Committee on Legislation.

Authorised Coursing Meetings (Exemption from Levy)

Regulations, 1983 (S.I. No. 345 of 1983)

I am directed by the Minister for Agriculture to refer to your minute of 25 April, 1985 on the above matter and to enclose a copy of the reply received from Bord na gCon to the points raised therein.

Michael Pender,

Higher Executive Officer,

Ext. 2394.

9th May, 1985

Re:Authorised Coursing Meetings (Exemption from Levy)

Regulations, 1983 (S.I. No. 345 of 1983)

Dear Sir,

I acknowledge receipt of your letter of 7th May, 1985 (ref. 11/13/46) and note that the Joint Committee on Legislation is currently examining the above regulations.

I cannot see that there is any problem about the citation in our regulations. The definition of “course bet” is clearly framed so as to enable the Board to exempt authorised coursing meetings from the course betting levy which would otherwise be payable under Section 32 of the Greyhound Industry Act, 1958.

I am aware that at the time the legislation was being prepared the definition was deliberately phrased so as to leave it open to the Board to either collect the levy at major coursing meetings or exempt all coursing meetings.

Yours faithfully,

Seamus P. Flanagan,

CHIEF OFFICER.

Secretary,

Department of Agriculture,

Agriculture House,

DUBLIN, 2