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Seanad Éireann debate -
Wednesday, 30 Jun 1982

Vol. 98 No. 6

Select Committee on Statutory Instruments: Motion.

I move:

(1) That a Select Committee be appointed to consider every statutory instrument laid or laid in draft before Seanad Éireann in pursuance of a statutory requirement with a view to determining whether the special attention of Seanad Éireann should be drawn to it on any of the following grounds:—

(i) that it imposes a charge on the public revenues or contains provisions requiring payments to be made to the Exchequer or any Government Department or to any local or public authority in consideration of any licence or consent, or of any services to be rendered or prescribes the amount of any such charge or payments;

(ii) that it appears to make some unusual or unexpected use of the powers conferred by the Statute under which it is made;

(iii) that it purports to have retrospective effect where the parent Statute confers no express authority so to provide;

(iv) that there appears to have been unjustifiable delay either in the laying of it before Seanad Éireann or in its publication;

(v) that for any special reason its form or purport calls for elucidation;

(vi) that its drafting appears to be defective; or

on any other ground which does not impinge on its merits or on the policy behind it; and to report accordingly;

(2) That the Committee consists of nine members of whom three shall form a quorum;

(3) That the Committee has power to require any Government Department or other instrument-making authority concerned to submit a memorandum explaining any statutory instrument which may be under its consideration or to depute a representative to appear before it as a witness for the purpose of explaining any such statutory instrument;

(4) That the Committee has power to report to Seanad Éireann from time to time any memoranda submitted or other evidence given to it in explanation of any statutory instrument;

(5) That it be the duty of the Committee before reporting that the special attention of Seanad Éireann should be drawn to any statutory instrument to afford to any Government Department or other instrument-making authority concerned therewith an opportunity of furnishing orally or in writing such explanations as the Department or authority may think fit;

(6) That every report which the Committee proposes to make shall on adoption by the Committee be laid before Seanad Éireann forthwith whereupon the Committee shall have power to print and publish such report together with any memoranda or evidence given to it in explanation of any statutory instrument.

I would draw the attention of the House to the importance of the Select Committee on Statutory Instruments which is the only Oireachtas committee which oversees the vast number of statutory instruments made on foot of our legislation. There is a report of 100 pages by a previous committee of which I had the honour to be chairman, in the process of being printed by order of this House.

I second the motion.

I would like to support this motion and express appreciation of the work of successive Select Committees. This is something in which the Seanad has made a distinctive mark in regard to the work of the Houses of the Oireachtas. I hope the new committee will be as diligent and as successful as its predecessors.

I join with previous Senators in welcoming the re-establishment of this committee and also in expressing appreciation of the work done by past menbers and by the chairman, Senator West. In doing so I take it that it refers specifically to statutory instruments but does not preclude other documentation from being requested by Members to be laid before the House for discussion.

Question put and agreed to.
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