Next is a draft report on penalties for failure to supply statistical information and Statutory Instruments. We drew attention to the first item last December when we reported on the European Communities (Statistical Surveys) Regulations, 1976 and expressed concern about the maximum fine of £500 stipulated for offences created by the Regulations. We thought that a fine of £500 was too much to be imposed by the District Court. The situation now is that the tide of legal opinion is running in the opposite direction to our reservations. Generally speaking, £500 is acceptable as not exceeding the limit of the District Court's proper Jurisdiction. Moreover the Consumer Information Bill which is being discussed in the Dáil provides for a statutory penalty of £500 in the District Court. There is, however, another aspect of the matter. Why should there be a maximum penalty of £500 for not disclosing information, not filling in forms when in other more serious areas—for instance, the sale of poultry meat—the maximum fine is £200? On that basis I drafted a report to recommend annulment of the Statistical Surveys Regulations. In the meantime, I have had second thoughts about the matter. I think it would be going too far for us to recommend annulment on what appears not to be a major issue. The power to recommend annulment is our ultimate weapon in this Committee and I think, perhaps, it should be kept in reserve for major issues. With that in view, I drafted the following amendment to the draft report now before you:
Before section 1 to insert the following new sections:—
"1. Penalty Provisions
The European Communities Act, 1972 provides that ministerial regulations made thereunder may not create indictable offences. It follows therefore that penalties provided for in such regulations should not exceed what would be regarded as reasonable for an offence triable summarily. In its thirtieth report (Prl. 5419) of 28th April, 1976 the Joint Committee suggested that a maximum fines of £500 might be excessive for such an offence.
In its forty-ninth report (Prl. 5940) of 9th December, 1976, the Joint Committee drew attention to two instruments providing for maximum fines of £500 and undertook to report further in the matter. Since then it has learned that the Attorney General sees no objection to such fines from a legal point of view.
It is noted that the Consumer Information Bill, 1976, which is at present before the Dáil provides for maximum penalties on summary conviction of a fine of £500 or 6 months imprisonment or of both the fine and the imprisonment. If this provision is acceptable to the House, the Joint Committee does not propose in future to raise objections, as a matter of principle, to such penalties in ministerial regulations. If in a particular case it considers a penalty to be wholly unreasonable having regard to the offence it will draw the attention of the Houses to it.
2. Instruments Examined
Since it issued its forty-ninth report dealing with statutory instruments the Joint Committee has examined a further five instruments made under the European Communities Act, 1972. One of these is dealt with in a separate report and the remainder in this report.
3. European Communities (Non-Life Insurance) (Amendment) Regulations, 1976 [S.I. No. 276 of 1976]
This instrument amends S.I. No. 115 of 1976 with which the Joint Committee dealt in its forty-ninth report. The purpose of the amendment is to give effect to a change in the basis of calculating the Community unit of account arising from Council Directive 76/580/EEC which changed the basis of valuation of the unit of account used for insurance purposes. The Joint Committee has no objection to the amendment."
This amendment, if agreed to, would be incorporated in the draft report before you and the proposed separate report on the European Communities (Statistical Surveys) Regulations, 1976 would be dropped.