SESSION 2001 - 2002

SECOND REPORT OF THE EXAMINER OF STATUTORY RULES
TO THE ASSEMBLY
AND THE APPROPRIATE COMMITTEES

(listed below)

DATED 29 NOVEMBER 2001

Agriculture and Rural Development Committee

(S.R. 2001 Nos. 393, 401 and 405)

Culture, Arts and Leisure Committee

(S.R. 2001 No. 397)

Environment Committee

(S.R. 2001 Nos. 395, 398 and 402)

Health, Social Services and Public Safety Committee

(S.R. 2001 No. 389)

Social Development Committee

(S.R. 2001 No. 406 and 410)

1. In accordance with the revised delegations under Standing Order 41 given to the Examiner of Statutory Rules by the appropriate Committees in October and November 2001, I submit my report on the statutory rules listed in the Appendix. At the same time, I am sending a copy of this report to each of the Departments concerned. As soon as practicable, I will publish it accordingly on the Assembly Website (Homepage of the Examiner of Statutory Rules).
2. All of these statutory rules are subject to negative resolution, except S.R. 2001 No. 389 (confirmatory procedure) and S.R. 2001 No. 395 (subject to affirmative resolution).
3. I draw the attention of the Assembly and the Culture, Arts and Leisure Committee to the Foyle Area and Carlingford Area (Licensing of Fishing Engines) Regulations 2001 (S.R. 2001 No. 397) on the ground that they require elucidation in several respects as regards the fees prescribed in the Schedule. Given that fees are prescribed in two currencies, namely sterling (£) and euros (€), whose relative values will of course fluctuate, I asked the Department of Agriculture and Rural Development (since the Department laid the Regulations on behalf of the Foyle, Carlingford and Irish Lights Commission) to explain the conversion rates for the fees and particularly queried the Coarse Angling Licence fee (£8; €12). I further asked the Department whether the applicant could select either currency. The Department sought the information from the Loughs Agency of the Commission
4. The conversion rates used were—

(a) IR£ to € = 0.787564 rounded down to the nearest €;

(b) € to £ = 1.6 (as advised by the Loughs Agency's bankers on 5 October 2001) and rounded to the nearest whole £ or €.

5. The Coarse Angling Licence fee is based on the cost of an equivalent licence in the rest of Northern Ireland (that is, the Fisheries Conservancy Board Area), namely, £8.
6. The Loughs Agency of the Commission will make licences available in either currency from its own offices, and applicants will, as previously, be able to obtain licences in the currency in operation at the location of distributors' premises.
7. I draw attention to the Regulations accordingly with the elucidation provided by the Department and the Loughs Agency of the Commission.
8. I draw the attention of the Assembly and the Environment Committee to the Community Drivers' Hours (Foot-and-Mouth Disease) (No.2) (Amendment No. 6) Regulations (Northern Ireland) 2001 (S.R. 2001 No 398) on the ground that they were laid before the Assembly after they came into operation: the Regulations were made on (Thursday) 1 November 2001 to come into operation on (Sunday) 4 November 2001; they were laid on (Monday) 5 November 2001. I asked the Department of the Environment to explain why they were not laid on 1 or 2 November 2001. The Department's explanation was as follows—

"The above Regulations were made late on Thursday 1 November 2001 and were not received back in the Branch from the Minister until 5.30pm that day. They were hand delivered [by the official concerned, based in central Belfast] to Statutory Publications Office [in Parliament Buildings] for the allocation on an SR Number but had to be returned to the Branch for the Number to be formally typed on the regulations before laying (in typescript). The Regulations were then hand delivered to the business office on the next working day…Monday 5 November 2001.

Due to work pressures it was not practicable for me to undertake a double visit to Parliament Buildings on 2 November. Moreover no other colleague in the Branch (apart from myself) had a car at work that day.".

9. I draw attention to the Regulations accordingly. While I can see something in the practical problems of the individual official concerned, I stress again to Departments the importance of laying statutory rules before they come into operation, save in exceptional circumstances: Departments owe that to the Assembly and it is plainly incumbent on Departments to arrange their affairs accordingly.
10. I draw the attention of the Assembly and the Social Development Committee to the Income Support (General) and Jobseeker's Allowance (Amendment) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 406) on the ground that they (marginally) breach the 21-day rule. The Regulations, which come into operation on 10 December 2001 were made on 19 November 2001 and laid on 22 November 2001. The Department for Social Development has explained the breach on the basis of parity with the Regulations for Great Britain contained in S.I. 2001/3651, made on 8 November 2001. This explanation appears to be satisfactory, and the Regulations were laid fairly promptly.
11. Subject to the points set out in paragraphs 3 to 10, there is nothing in the statutory rules covered by this report that requires to be brought to the special attention of the Assembly and the appropriate Committees under any of the grounds mentioned in Standing Order 41(5).

W G Nabney

Examiner of Statutory Rules

29 November 2001

APPENDIX

(The attention of the Assembly and the appropriate Committees is drawn to those statutory rules marked in bold)

Food Protection (Emergency Prohibitions No. 4) Order (Northern Ireland) 2001 (S.R. 2001 No. 389)

Dogs (Licensing and Identification) (Amendment) Regulations (Northern Ireland) 2001

(S.R. 2001 No. 393)

Local Government (General Grant) Order (Northern Ireland) 2001 (S.R. 2001 No. 395)

Foyle Area and Carlingford Area (Licensing of Fishing Engines) Regulations 2001 (S.R. 2001 No. 397)

The Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No.2) (Amendment No. 6) Regulations (Northern Ireland) 2001 (S.R. 2001 No 398)

The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2001

(S.R. 2001 No. 401)

Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 2001

(S.R. 2001 No. 402)

Processed Animal Protein Regulations (Northern Ireland) 2001 (S.R. 2001 No 405)

The Income Support (General) and Jobseeker's Allowance (Amendment) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 406)

The Income Support (General) (Standard Interest Rate Amendment No. 3) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 410)