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

DAIL EIREANN

ORDERS OF REFERENCE

[Adopted on 6th July, 1983 and amended on 15th December, 1983 and 28th June, 1984]

“(1)That a Select Committee consisting of 18 members of Dail Eireann be appointed to be joined with a Select Committee to be appointed by Seanad Eireann to form the Joint Committee on Legislation -

(a)to invite submissions in writing, or orally if considered necessary by the Committee, from interested persons or bodies on Bills or other proposals for legislation (other than measures arising out of or relating to the Budget) referred to it by either House on Motion made by or with the consent of a Member of the Government and to provide a record of its discussion of same for the information of each House, and if necessary for this purpose to take evidence in public from such interested persons;

(b)notwithstanding anything to the contrary contained in Standing Orders relative to public business, to discharge the functions devolving by virtue of those Standing Orders on the Standing Joint Committee on Consolidation Bills;

(c)to examine the reports of the Law Reform Commission and to report its opinion and recommendations thereon to each House;

(d)to keep the law under review and to formulate proposals for law reform and to report thereon to each House;

(e)to consider any Bill referred to it by either House with the concurrence of the other; and

(f)to examine and report to each House on any statutory instrument laid or laid in draft before either House, other than regulations made under the European Communities Act, 1972, and to recommend, where it considers that such action is warranted, whether the instrument should be annulled or amended.

(2) That the Joint Committee have power to appoint sub-committees and to refer to such sub-committees any matters comprehended by paragraph (1) of this Order.

(3) That the Joint Committee or any of its sub-committees shall, unless they decide otherwise, hold their meetings in public under the conditions specified in Standing Order 74.

(4) That the Joint Committee have the power, subject to the consent of the Minister for the Public Service, to engage the services of persons with specialist or technical knowledge to assist it or any of its sub-committees in its consideration of any matter comprehended by paragraph (1) (c) or (1) (d).

(5) That the Joint Committee, or a sub-committee to which a statutory instrument is referred, have power to require any Government Department or other instrument-making authority concerned to submit a Memorandum explaining any Statutory Instrument which may be under consideration or to depute a representative to appear before it as a witness for the purpose of explaining any such statutory instrument.

(6)That the Joint Committee have power to report to each House from time to time any Memoranda submitted or other evidence given to it or to the relevant sub-committee in explanation of a statutory instrument.

(7) That any Member of either House may attend and be heard in the proceedings of the Joint Committee or a sub-committee in relation to a matter comprehended by paragraph (1) (a) subject to the prior consent of the Joint Committee.

(8) Where a Bill is under consideration in accordance with paragraph (1) (e) of this Order a Member of the Government in charge of the Bill or a Minister of State nominated by him shall for that purpose be an ex-officio member of the Joint Committee or any relevant sub-committee and members of either House, not being members of the Joint Committee or relevant sub-committee, may attend and be heard at meetings held for the purpose of such consideration without having a right to vote.

(9) That the Joint Committee and any sub-committee appointed, previous to the commencement of business, shall elect one of its members to be Chairman, who shall have only one vote.

(10) Subject to paragraph (8), all questions in the Joint Committee and in each sub-committee shall be determined by a majority of votes of the members present and voting, and in the event of there being an equality of votes the question shall be decided in the negative.

(11) Subject to paragraph (6), that every report which the Joint Committee proposes to make under this Order shall on adoption be laid before both Houses of the Oireachtas forthwith whereupon the Committee shall be empowered to print and publish such report together with such related documents as it thinks fit.

(12) That the quorum of the Joint Committee shall be seven of whom at least three shall be Members of Dail Eireann and one shall be a Member of Seanad Eireann and that the quorum of each sub-committee shall be three of whom at least one shall be a Member of Dail Eireann and at least one a Member of Seanad Eireann.

(13) That the Joint Committee shall have power to print and publish from time to time minutes of evidence or the hearing of oral submissions, taken before it pursuant to paragraph (1) (a).

(14) That the Joint Committee shall be empowered to take evidence in public for the purposes of paragraph 1 (d) and to include with any report which it may make minutes of such evidence.”

SEANAD EIREANN

ORDERS OF REFERENCE

Adopted on 7th July, 1983 and amended on 21st December, 1983 and 28th June 1984

“(1) That a Select Committee consisting of 7 members of Seanad Éireann be appointed to be joined with a Select Committee to be appointed by Dáil Eireann to form the Joint Committee on Legislation -

(a)to invite submissions in writing, or orally if considered necessary by the Committee, from interested persons or bodies on Bills or other proposals for legislation (other than measures arising out of or relating to the Budget) referred to it by either House on Motion made by or with the consent of a Member of the Government and to provide a record of its discussion of same for the information of each House, and if necessary for this purpose to take evidence in public from such interested persons;

(b)notwithstanding anything to the contrary contained in Standing Orders relative to public business, to discharge the functions devolving by virtue of those Standing Orders on the Standing Joint Committee on Consolidation Bills;

(c)to examine the reports of the Law Reform Commission and to report its opinion and recommendations thereon to each House;

(d)to keep the law under review and to formulate proposals for law reform and to report thereon to each House;

(e)to consider any Bill referred to it by either House with the concurrence of the other; and

(f)to examine and report to each House on any statutory instrument laid or laid in draft before either House, other than regulations made under the European Communities Act, 1972, and to recommend, where it considers that such action is warranted, whether the instrument should be annulled or amended.

(2)That the Joint Committee have power to appoint sub-committees and to refer to such sub-committees any matters comprehended by paragraph (1) of this Order.

(3)That the Joint Committee or any of its sub-committees shall, unless they decide otherwise, hold their meetings in public under the conditions specified in Standing Order 74.

(4)That the Joint Committee have the power, subject to the consent of the Minister for the Public Service, to engage the services of persons with specialist or technical knowledge to assist it or any of its sub-committees in its consideration of any matter comprehended by paragraph (1) (c) or (1) (d).

(5)That the Joint Committee, or a sub-committee to which a statutory instrument is referred, have power to require the Government Department or other instrument-making authority concerned to submit a Memorandum explaining any Statutory Instrument which may be under consideration or to depute a representative to appear before it as a witness for the purpose of explaining any such statutory instrument.

(6)That the Joint Committee have power to report to each House from time to time any Memoranda submitted or other evidence given to it or to the relevant sub-committee in explanation of a statutory instrument.

(7)That any Member of either House may attend and be heard in the proceedings of the Joint Committee or a sub-committee in relation to a matter comprehended by paragraph (1) (a) subject to the prior consent of the Joint Committee.

(8)Where a Bill is under consideration in accordance with the paragraph (1) (e) of this Order a Member of the Government in charge of the Bill or a Minister of State nominated by him shall for that purpose be an ex-officio member of the Joint Committee or any relevant sub-committee and members of either House, not being members of the Joint Committee or relevant sub-committee, may attend and be heard at meetings held for the purpose of such consideration without having a right to vote.

(9)That the Joint Committee and any sub-committee appointed, previous to the commencement of business, shall elect one of its members to be Chairman, who shall have only one vote.

(10)Subject to paragraph (8), all questions in the Joint Committee and in each sub-committee shall be determined by a majority of votes of the members present and voting, and in the event of there being an equality of votes the question shall be decided in the negative.

(11)Subject to paragraph (6), that every report which the Joint Committee proposes to make under this Order shall on adoption be laid before both Houses of the Oireachtas forthwith whereupon the Committee shall be empowered to print and publish such report together with such related documents as it thinks fit.

(12)That the quorum of the Joint Committee shall be seven of whom at least three shall be Members of Dail Eireann and one shall be a Member of Seanad Eireann and that the quorum of each sub-committee shall be three of whom at least one shall be a Member of Dail Eireann and at least one a Member of Seanad Eireann.

(13)That the Joint Committee shall have power to print and publish from time to time minutes of evidence or the hearing of oral submissions, taken before it pursuant to paragraph (1) (a).

(14)That the Joint Committee shall be empowered to take evidence in public for the purposes of paragraph 1 (d) and to include with any report which it may make minutes of such evidence.

MEMBERSHIP OF THE JOINT COMMITTEE

8th July, 1983:- Deputies nominated to serve on the Joint Committee:

13th July, 1983:- Senators nominated to serve on the Joint Committee:

The Joint Committee at its meeting on 6th September, 1983 elected Deputy Mervyn Taylor as Chairman and Deputy Desmond O’Malley as Vice-Chairman.