Wednesday, 18 November 2009

Questions (227, 228)

Leo Varadkar

Question:

264 Deputy Leo Varadkar asked the Minister for Defence the State agencies under the remit of his Department which have, or had over the past decade, the power to sign statutory instruments; and if he will make a statement on the matter. [42035/09]

View answer

Written answers (Question to Minister for Defence)

There are no agencies under the remit of my Department who have the power to make statutory instruments.

Leo Varadkar

Question:

265 Deputy Leo Varadkar asked the Minister for Defence if he will provide a list of all unnumbered statutory instruments signed by him or his predecessors over the past ten years; and if he will make a statement on the matter. [42050/09]

View answer

Under the provisions of subsection (4) of section 2 of the Statutory Instruments Act 1947 (No. 44 of 1947) the Attorney General may, if of the opinion that certain statutory instruments are of limited application, exempt such statutory instruments from the provisions of subsection (1) of section 3 of the Act. On 22 October 1954 the then Attorney General made a declaration that statutory instruments made under the following sections of the Defence Act 1954 (No. 18 of 1954) had only limited application and exempted these from the provisions of subsection (1) of section 3 of the Statutory Instruments Act 1947. The sections of the Defence Act 1954 to which the exemption from the provisions of subsection (1) of section 3 of the Statutory Instruments Act 1947 are 17, 21, 22, 23, 25, 26, 27, 29, 40, 43, 45, 46, 47, 48, 49, 53, 55, 56, 58, 60, 61, 62, 63, 64, 65, 66, 67, 68, 70, 72, 73, 75, 80, 81, 82, 84, 86, 87, 88, 90, 92, 93, 94, 97, 98, 100, 102, 103, 114, 115, 116, 117, 180, 182, 184, 243, 244, 246 and 292. In addition, on 3 April 1991 the then Attorney General, again because of their limited application, exempted section 2 and 5 of the Defence (Amendment) Act 1990 (No. 6 of 1990) from the provisions of subsection (1) of section 3 of the Statutory Instruments Act 1947.

In the period since 1 January 2000 a total of 226 statutory instruments have been issued under the Defence Acts which are exempt from the provisions of subsection (1) of section 3 of the Statutory Instruments Act 1947. There is considerable work involved in compiling a full list of the 226 statutory instruments concerned but if the Deputy desires the full list this can be provided to him by my Department.