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.
(2) That the Select Committee consist of nine members of whom three shall form a quorum.
(3) That the Select Committee have power to report from time to time and to require any Government Department or other instrument making authority concerned to submit a memorandum explaining any Statutory Instrument which may be under their consideration or to depute a representative to appear before them as a witness for the purpose of explaining any such Statutory Instrument.
(4) 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 and the Select Committee have power to report to Seanad Éireann from time to time, any memoranda submitted or other evidence given to them in explanation of any Statutory Instrument.
(5) That the explanatory memoranda submitted to the Select Committee appointed by Resolution of 7th July, 1965, subsequent to its Report of 19th March, 1969, be referred to the Committee for examination and report.
This motion proposes the setting up of a Select Committee on Statutory Instruments similar to those which have been functioning since 1948. The interval of twenty years has established the need for such a Committee and the need grows as statutes tend more and more to call for more delegated legislation. This being so, it has been customary, in moving the motion, not to make remarks on it. However, as Senators may have noticed the present motion differs from those moved in previous Seanads. One change is proposed and I feel I should draw attention to this.
Heretofore, one of the grounds on which the Committee might draw the special attention of the House to an instrument has been the fact that it was made in pursuance of an enactment excluding it from challenge from the courts. The term of reference was that an order "is made in pursuance of an enactment containing specific provision excluding it from challenge in the courts either at all times or after the expiration of a specified period". In the 20 odd years this Committee has been functioning no such instrument has come to notice.
In addition, I have been concerned that this particular reference might possibly be in conflict with the Constitution. The essential function of the Statutory Instruments Committee is to draw the attention of the Seanad to anything that might interfere with constitutional rights. It is a function of the Houses to ensure that a proposed statute does not interfere with people's constitutional rights. It would be unfortunate if the Committee, whose function it is to protect constitutional rights, were itself found to be in breach of a constitutional position. There seems to be no necessity for this particular provision and I am sure Senators will realise that the Committee could be in a very invidious position as a watchdog as to whether a Statutory Instrument is within the Constitution if its own terms of reference were in doubt and, therefore, this provision has been excluded from the terms of reference of the present motion. I commend the proposal, as it stands, to the House.
