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Seanad Éireann debate -
Thursday, 20 Dec 1951

Vol. 40 No. 7

Control of Imports Order—Motion of Approval.

Tairgim:—

That Seanad Eireann hereby approves of the Control of Imports (Quota No. 37) (Amendment) Order, 1951.

I do not wish to delay the proceedings of the Seanad, but I feel it my duty, as Chairman of the Committee on Statutory Instruments appointed by the Seanad, to call attention to the form of the Order. In fact, I can only call attention to the form, as I do not know what the contents are. That is precisely why I am objecting to it. This is the sort of Order which we in the Committee on Statutory Instruments in the Seanad are out to try to discontinue if we can. We attach great importance, from the constitutional point of view, to delegated legislation always being very clear and unambiguous for anyone to read on its face. This Order is an almost perfect specimen, in my opinion, of what an Order should not be. It is impossible to find out, either from the title of the Order or even from the body of the Order, what the Order is about.

I showed the Order early this afternoon to a fellow member of the Committee on Statutory Instruments and his comment was that, as far as he was concerned, it might have been drafted in Sanskrit. I do not know what the Order is about, because it does not tell us what it is about. I am sure it is a perfectly proper Order and that the Seanad should pass it unanimously, but at the same time we attach such great importance, from the constitutional point of view, to getting delegated legislation in strict order that I feel it my duty to call attention to the fact that the form of this Order is highly unsatisfactory.

Mr. P. O'Reilly

It is rumoured that it concerns ladies' hats.

I am in agreement with Senator O'Brien. I think that there is legitimate ground for objection to the form which these Orders take. I am far more convinced of that after a period in opposition than I was previously. The Order amends the Control of Imports Order relating to ladies' hats. Under that Order there was introduced after some years an exemption for hats over a particular price. The effect of the amending Order is to raise the price limit to which the exemption applies and that merely restores the protection to the position in which it was before the war. In fact, it makes it somewhat less because the alteration in the price limit is less than the rise in price which has occurred.

I think the Minister's predecessor agreed to a proposal in a similar case to look into the question as to whether the actual subject matter of the Order could not be placed even in one line. If we knew this referred to ladies' hats it would be something. Perhaps the Minister would look into that and see whether he could not meet the point made by Senator O'Brien by framing the Order so that you can see at a glance the subject matter of it.

There may be some legal difficulty, but I will look into the matter.

Question put and agreed to.
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