The discussion on this Bill has not been noted for the amount of co-operation which has been received from the Minister or his Parliamentary Secretary. The Ceann Comhairle was in the chair when we postponed consideration of section 10 because Deputy O'Higgins was seeking an explanation of the implications of that section. The Parliamentary Secretary undertook on that occasion to get the full meaning of this section and perhaps he is in a position to give it to us now.
Wool Marketing Bill, 1968: Committee Stage (resumed).
Question again proposed: "That section 10 stand part of the Bill."
Section 10 provides power for the Minister to make regulations exempting from the Bill businesses of any particular class. There is no power to exempt individuals from the provisions of the Bill. The present intention is to exempt buyers of skein wool as a class from the provisions of the Bill. Experience may show that there are other classes for which exemption may be appropriate and it is therefore necessary to have powers in this regard under the Bill.
Deputy O'Higgins asked at the conclusion of last evening's debate whether the powers of exemption could be used to grant wholesale exemptions, in other words to nullify the Bill. He was told that the point would be examined. The Parliamentary Draftsman has been consulted and his view is that to make regulations effectively nullifying the Bill would be ultra vires. Therefore, all orders and regulations made under the Bill must be made before each House of the Oireachtas and a Resolution by either House would suffice to annul any order or regulation. Even if such an ultra vires regulation were made and even if both Houses of the Oireachtas failed to annul it, its legality could still be challenged in the courts. I think this information will satisfy the Deputy that the section and the point raised by Deputy O'Higgins brought undue alarm and dismay to him.
I may be mistaken but I understood that part of Deputy O'Higgins's concern was as to whether this section applied at all to exporters of wool or only to buyers.
No, to types of wool, not to individuals.
How is this a marketing Bill if it does not apply to exporters or to buyers?
This section we are dealing with applies to a particular class of wool, namely, skein wool which though not used, very frequently, has a peculiar mark; it is about 3d per lb or thereabouts, whereas the ordinary wool would be in the region of 2s 6d per lb. It is a definite type of wool which is classified as such, and the exemption is made in this regard. In the years ahead, other types of wool may evolve which are not at present used and which would need to be dealt with specifically.
Surely it is the people who are marketing the wool to whom we must apply the legislation? We cannot apply it to the wool itself.
This applies to a particular type of wool, and there is no power to exempt any individuals under the provisions of this Bill.
It seems rather funny to me.
If I may suggest with respect, the Deputy is confusing class and person as such.
No. It must imply somebody who deals with wool, whether it is a question of wool or not. Perhaps I am rather stupid but that is the way it appears to me.
Question put and declared carried.
Progress reported; Committee to sit again.