I move: That the Committee agree with the Seanad in amendment No. 1.
SECTION 2.
Sub-section (2) deleted and the following sub-section substituted:—
(2) (a) If the Attorney-General certifies in writing that, in his opinion, a particular person or body is an authority of the class mentioned in sub-paragraph (v) of paragraph (b) of sub-section (1) of this section, such person or body shall be deemed, for the purposes of the said sub-section (1), to be an authority of that class.
(b) If the Attorney-General certifies in writing that, in his opinion, statutory instruments of a particular class (defined in such manner and by reference to such things as the Attorney-General thinks proper) are of the character described in sub-paragraph (ii) of paragraph (c) of sub-section (1) of this section, such statutory instruments shall be deemed, for the purposes of the said sub-section (1), to be statutory instruments of that character.
During the passage of this Bill through the House there was some criticism about sub-section (2) of Section 2 on the ground that it might be held to be unconstitutional although Deputy MacBride was not able to say definitely that it was. I have not been able to confirm that it was but nevertheless I am bringing in this amendment. Under the amendment the Attorney-General may certify that a particular person or body empowered to make a statutory instrument is an authority of the class mentioned in sub-paragraph (v) of Section 2 (1) (b) or that statutory instruments of a particular class are of the character described in sub-paragraph (ii) of Section 2 (1) (c). These new provisions, apart from the fact that they may be regarded as unobjectionable on any constitutional grounds, have the positive advantage that they will enable the Attorney-General to take action without having to wait for a question to be raised. For example, if a particular body or person considers itself not bound by the provisions of the Act or tries to evade the Act, the Attorney-General, if he considers it desirable and proper to do so, may give his certificate, and the person or body concerned must thereafter comply with the obligatory provision of the Act in regard to the printing, publishing, and so forth of its statutory instruments. I think that is an improvement on the section as it was.