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Dáil Éireann díospóireacht -
Wednesday, 16 Nov 1955

Vol. 153 No. 6

Committee on Finance. - Statutory Instruments (Amendment) Bill, 1955—Second and Subsequent Stages.

I move that the Bill be now read a Second Time. One of the objects of the Statutory Instruments Act, 1947, is to ensure that reasonable publicity is given to the promulgation of statutory instruments. For this purpose Section 3 of the Act lays down certain requirements which apply to every statutory instrument not excluded or exempted from the provisions of the Act. These requirements may be summarised as follows:— (i) each statutory instrument must be printed under the superintendence of the Stationery Office; (ii) as soon as a statutory instrument is printed notice of its being made and of the place where copies may be obtained must be published in the Irish Oifigiúil, and (iii) as from the date of publication of the notice in Iris Oifigiúil copies of the instrument must be kept and made available at the place specified in the notice.

From the outset, difficulty has been experienced in securing prompt gazetting of statutory instruments in the Iris Oifigiúil. This difficulty arises from the provisions of Section 3 of the 1947 Act which, as already stated, prescribed that a statutory instrument must be printed before it can be gazetted. Despite the best endeavours of the Stationery Office delays frequently occur between the time an instrument is made and the time that printed copies of it are available. In consequence, the public may be without formal notice of the making of a statutory instrument for several weeks. Such a delay is undesirable and has been the subject of adverse comment by the Seanad Select Committee on Statutory Instruments.

A further defect in the existing procedure is to be found in the operation of sub-section (4) of Section 3 of the 1947 Act which prescribes that a statutory instrument having printed on it the statement that—in the words of the Act—"Notice of the making of the said statutory instrument was published in a particular issue of the Iris Oifigiúil shall in any proceedings be prima facie evidence that such notice was published in that issue of the Iris Oifigiúil.” This was intended to simplify proof of the gazetting of an instrument. However, by reason of the order of procedure prescribed in the Act it is quite impossible to ensure that the first printed copies of a statutory instrument contain a statement about the date of gazetting, since printed copies of the instrument must be available before gazetting can be arranged. This defect inconveniences not alone the State but also private individuals, who in seeking the enforcement of rights conferred by statutory instruments, may be put on proof of the gazetting of such instruments.

The Bill deals with these defects by permitting gazetting to be effected in advance of printing. Pending the production of prints, neostyled copies of statutory instruments will be made available to the public. The Bill extends also the list of institutions to which copies of statutory instruments are required to be furnished, by including the King's Inns Library. This merely adds to the statutory obligation that was enshrined in the original Act, and it merely puts into legislation a practice that was in operation, since the Act was passed, of giving the King's Inns Library a copy of each statute.

I happened to be in charge of that particular Act when it was brought in and I do not know how it has lasted so long. It was the last Act passed by the Parliament in 1947 and if I had had time, I would have resisted it then. Deputy MacBride was a new member of the Dáil at the time and I let him have his way. I felt that all the things we agreed to put in that Act should not have lasted at all and I think the Minister is quite right to amend it by this Bill.

Question put and agreed to.

When is it proposed to take the Committee Stage?

I have been approached to add to the list of bodies the Southern Law Association, in view of the fact that there is now a sitting of the High Court in Cork. I will circulate an amendment to that effect and perhaps we could take the Committee Stage to-morrow.

Would it be too much to ask the House to give me time to get some of our people? I cannot deal with the next item, the Agricultural Produce (Eggs) Bill. Perhaps I could be allowed five minutes?

Would the Deputy like to take the Committee Stage of this Bill now, with this amendment in it, adding the Southern Law Association?

Yes. I am glad the High Court has been established in Cork. I had something to do with that.

The Deputy can send out somebody in the meantime.

Agreed to take the remaining stages to-day.

Bill considered in Committee.

SECTION 1.

I move the following amendment:—

In page 2, line 21, to delete the word "and", and, in line 22, to add "and the Southern Law Association, Cork,".

Amendment agreed to.
Section 1, as amended, agreed to.
Section 2 and Title agreed to.
Bill reported with amendment; received for final consideration; and passed.
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