Joint Committee on the Secondary Legislation of the European Communities díospóireacht -
Wednesday, 2 Jul 1975

Four Statutory Instruments made under the European Communities Act, 1972.

Chairman

Our next report is a report on four Statutory Instruments made under the European Communities Act, 1972. Members are aware of the fact that under the European Communities (Amendment) Act, 1973 we have a very specific function in regard to Irish domestic regulations and Irish statutory instruments. If we do not like them or do not consider them satisfactory, we have the residual power of recommending to both Houses of the Oireachtas that they be annulled.

We make a fairly detailed examination of these four instruments. In no case do we recommend that they be annulled. I shall go through them very quickly.

European Communities (Seeds) Regulations, 1974

The first one is an instrument dealing with seeds. Our report sets out the scope of the instrument. Paragraph 3 refers specifically to the question of fees charged under the instrument and sounds a note of warning about those fees. It reads as follows :

. . . If fees are to be imposed in such instruments the amounts should be specified so that the Houses acting on the recommendation of this Committee can annul the instruments if dissatisfied with the charges.

We do not go as far as recommending annulment but we do put the Departments on notice that we think that these instruments should specify the fees that should be charged.

We also have a little criticism in paragraph 4 in regard to the definition of " seeds ", and we draw attention in paragraph 6 to a rather unsatisfactory situation which prevails. There is quite a body of legislation which is in existence before our entry into the EEC. There is quite a body of legislation which has been made in the context of our membership of the EEC. How far these two bodies conflict with each other is not clear. We are asking that this situation be looked into and that remedial action be taken as soon as possible.

Deputy Esmonde

Is this statute being made on foot of a European Directive?

Chairman

Yes.

Deputy Esmonde

This is the very point that I am concerned about and that I have highlighted. This is where the difficulty arises in relation to Regulations—the question of unscrambling and consolidating in time to fit in the legislation. There is a difficulty that could arise and I think it is a valid point because it appeared before and is one that could give a lot of trouble in our Common Law system here in Ireland.

Chairman

I agree that there is difficulty.

Deputy Esmonde

I agree with the report.

Paragraphs 1 to 6, inclusive, agreed to.

European Communities (Feeding Stuffs) (Additives) Regulations, 1974

Chairman

The next one is a statutory instrument dealing with feeding stuffs. Again, we set out the scope in paragraph 7. In paragraph 8 we refer to the matters which are involved in the regulations. There are a couple of points. First of all, the original Irish regulations governed the trade but these latest regulations govern all persons. So that, in fact, the farmer mixing his own feeding stuffs would be subject to these regulations and we want that drawn to the attention of farmers, and ask the Department of Agriculture and Fisheries to take a note of that provision. They should engage in publicity to ensure that all farmers are aware of their obligations under the directive. There is also a question arising out of our particular treatment of arsenic compounds. We differ from a number of the Member States and from the proposal in regard to arsenic but we have permission to continue our present prohibition of arsenic additives. We understand that the position in regard to arsenic generally is being further examined by the Commission.

I now wish to refer to Directive 75/296/EEC in which a point arises about pets. It was originally assumed by all the original Member States that the directive covered all animals but one of the new Member States, Great Britain in fact, raised the question of whether or not pets were to be included. The position at present is that pets are, in fact, included but the position is being examined.

Paragraphs 7 to 11 inclusive, agreed to.

European Communities (Low Voltage Electrical Equipment) Regulations, 1975

Chairman

Now we turn to the regulations dealing with the Community's Directive in regard to low-voltage electrical equipment. This Directive " seeks to harmonise the laws of Member States on safety standards applicable to certain electrical equipment so as to facilitate intra-Community trade in that equipment . . ." In fact, we have a very important word of praise for the manner in which the implementing statutory instrument is drafted. We think it could be a model for other instruments in the way in which it sets out the provisions of the Directive which it purports to implement but we criticise the fact that no penalties are included. We ask the question whether or not this is satisfactory, whether the regulations can be regarded as satisfactory when they do not provide any penalties for breaches of them.

An interesting point arises here on phraseology. The Community Directive uses the phrase " placed on the market ", whereas the more usual form of words in our context are " import, sell or lease or offer for sale or for lease ". This is a question of usage to which we direct attention and we hope it will be settled in the future.

Senator Lenihan

The Community phrase is better.

Chairman

Does the Senator like the Community phrase? I think that is the Senator's European addiction. We are getting into the European ways in a very pronounced fashion.

Deputy Esmonde

Would that be one of the reasons why possibly there are not penalties placed on it? They are not certain how it could be implemented.

Chairman

No, we pursued the question of penalties and we were informed that the view is that the regulations will have effect mainly on people who are in the trade and that, therefore, penalties are not necessary.

Deputy M. E. Dockrell

They would be stopped before harm is done

Chairman

I find it rather shocking myself.

Paragraphs 12 to 15 inclusive, agreed to.

European Communities (Ancillary Equipment for Liquid Meters) Regulations, 1975

Chairman

Finally, we have the European Communities (Ancillary Equipment for Liquid Meters) Regulations. This instrument " implements Directive 71/348/EEC on the approximation of the laws of Member States relating to ancillary equipment for meters for liquids other than water . . ." whatever they may be. Are there any questions on this rather complicated and technical report?

Paragraph 16 agreed to.

Draft report agreed to.

Ordered : To report accordingly.