Dáil Éireann debate -
Wednesday, 8 Mar 1995

Vol. 450 No. 3

Written Answers. - Statutory Instrument Exemptions.

Eric J. Byrne

Question:

136 Mr. E. Byrne asked the Minister for Education, with regard to the statement in the Programme for a Government of Renewal, paragraph 64, the exemptions in the statutory instruments as they affect her Department which need to be published. [5253/95]

Minister for Education (Ms Bhreathnach)

The exemptions referred to in paragraph 64 of the programme, A Government of Renewal, arise under the Statutory Instruments Act, 1947. In cases where a statutory instrument or a class of instruments are of local or personal application the provisions in the Act requiring widespread publication and circulation need not be complied with if the Attorney General so directs.

There are very few circumstances where such exemptions apply in my Department. The attached schedule sets out four instances which give an indication of the issues covered. In the time available to research the matter I cannot guarantee that these are the only instances where exemptions arose, but this appears to be the case and no such exemptions have been sought or granted for many years.

Schedule.

Exemptions granted under section 2 (3) and (4) of the Statutory Instruments Act, 1947.

The following exemptions from the provisions of the Act have been made: (i) Regulations made under section 53 of the Vocational Education Act, 1930 relating to grants made to vocational education committees from moneys provided by the Oireachtas. This was a class exemption made on 5 March 1948; (ii) Instruments made under the Intermediate Education (Ireland) Acts, 1878-1924 relating to the annual rules and programme for secondary schools. This was a class exemption made on 28 May 1948; (iii) Regulations made under section 110 (2) of the Children Act, 1908 relating to the expenses incurred in detaining children and young persons in places of detention. This was a class exemption made on 25 May 1948; and (iv) Orders made under section 10 of the School Attendance Act, 1926 as amended by section 89 of the Local Government (Dublin) Act, 1930 relating to the time and mode of appointment of members of school attendance committees. This was a class exemption made on 25 February 1949.