Statutory Instruments

Munsterlad102

Hello, legal newbie here so please excuse me if this is a silly question but are there any legal limits to a statutory instrument? For example, can a minister just re-purpose an act rather than getting a new one passed, ie could the relevant minister ban all petrol or diesel cars with an SI or would that take a new piece of legislation to do? That's just an example, so don't go saying that there would be public backlash, I'm asking whether there are legal grounds for something similar. Thanks, all help is greatly appreciated.

GM228

A SI can only be used by the person making it (not always a minister, but can be a body or organisation etc) for specific purposes as allowed for by the enabling legislation (which would be an Act), anything outside of that would be ultra vires.

An SI can not amend or re-purpose an Act as you put it (with one exception relating to EU law).

There is no one size fits all as to what is or isn't allowed in an SI, that is determined by the enabling Act.

Munsterlad102

https://www.boards.ie/discussion/comment/117997157#Comment_117997157

Thanks for the quick reply, how would the SI work in relation to the hypothetical I mentioned in the initial post? Say there was an Automobile act and you needed a license to own any type of car and in the legislation it said that the relevant minister could declare certain cars to be prohibited under certain conditions such as fuel or engine size. Would the minister be able to implement an SI where no more licenses for diesel cars would be issued but those issued already would be grandfathered in, ie the minister hasn't declared these cars prohibited so would this license ban be outside the scope of what the minister can legislate?

GM228

https://www.boards.ie/discussion/comment/117997212#Comment_117997212

As I said they can do anything which the enabling Act allows them to do, if there was an Act saying they can make regulations to do X, but is silent on making regulations to do Y then they can indeed do X, but not Y as they can't anything more than what the Act allows for.

There are instances where the Act will allow the person making the SI do "whatever is required to achieve....." (or similar wording to that effect) certain goals, in such cases the person making the SI must be certain not to over step the overall aim of what the Act is allowing them to achieve, and of course in making any SI they must have consideration to any potential constitutional issue.

hierro

The various SI's introduced under the Health Act for COVID is probably a good recent example of how changes via SI can be enabled.

Victor

Potentially, using vehicle construction SIs, a minister could ban all petrol or diesel cars. As to whether the SI would survive an Oireachtas vote is another matter.

There would be two main routes.

1. Ban them de jure - make it illegal to use petrol or diesel in a car or indeed ban cars.
2. Ban them de facto - e.g. limit petrol or diesel cars to having an engine size no larger than 300cc.