Next we have the nine Statutory Instruments which have been made by different Irish Ministers in order to comply with different EEC requirements, since we last reported on 2nd July. I will go through them and await comment on them as I go along.
First of all there is the European Communities (Surveillance of Sisal Binder Twine Imports) Regulations. That is taken with surveillance of certain footwear and surveillance of certain clothing and footwear imports, Statutory Instruments 111, 115 and 116 of 1975. We comment on the fact that, in the case of Statutory Instrument 116 it includes a preamble with specific reference to Community Decisions on which it depends. In the case of the other two, there is no reference either in the text or in the explanatory memoranda to Regulation 1439/74. We point out that is a serious defect in drafting, to omit from a statutory instrument made under the European Communities Act, 1972 any reference to the secondary legislation of the Communities on which the exercise of the power of making regulations under the Act depends. I think that is a fair comment.
We have European Communities (Weights and Measures of Lengths) Regulations No. 200 of 1975. Again, we ask the Department of Industry and Commerce for comments, and we will comment on their replies. Council Directive 71/316/EEC of 26th July, 1971, as amended, deals with the approximation of laws of Member States relating to common provisions for both measuring instruments and methods of metrological control. It contains the provisions governing the granting of EEC pattern approval and the affixing of approval symbols and verification marks.
There is a difference here between the Department's approach in Statutory Instrument 67 of 1973 and Statutory Instrument 200 of 1975. The sub-Committee's reading of the Directive suggests that it is of general application, and it is not satisfied with the efficacy of Statutory Instrument 200. They considered recommending the annulment of the Instrument. However, as the time in which we could recommend annulment of the Instrument goes on to next August, we decided to leave the matter over and to give the Department of Industry and Commerce an opportunity of further re-examining the matter and reporting to us.
Statutory Instrument 160 of 1975 provides that any breach of its requirements be punishable on summary conviction by a fine not exceeding £500 or six months' imprisonment. I wonder if the Supreme Court—perhaps the lawyers would tell us about this—would wear a summary conviction fine of £500. I do not think they are prepared to go beyond £100 or £200 at the moment.