Originally Posted by cobhguy28
I was looking at the Statutory Instruments Act, 1947 and S.3 is interesting,It says
"(b) the prosecutor does not prove that, at the date of the alleged contravention, notice of the making of the said statutory instrument had been published in the Iris Oifigiúil,
the charge shall be dismissed, unless the prosecutor satisfies the Court that at the said date reasonable steps had been taken for the purpose of bringing the purport of the said instrument to the notice of the public or of persons likely to be affected by it or of the defendant."
So the Tv speech last night would be enough to satisfy the reasonable steps to notify the public, without it been officially published in the Iris Oifigiúil,.
Well, interesting question. Per post #2, regulations have been drafted and are currently with the AG's Department for review, after which they will be signed by the Minister. But none of this had happened when the Taoiseach give his speech.
Suppose the regs are signed on Sunday. On Monday I do something contrary to the regs. On Tuesday notice of the regulations is published in Irish Oifigiuil. On Wednesday I'm in court, charged with breaching the regs. (Justice is very
quick in this scenario.) A key issue will be whether "reasonable steps had been taken for the purpose of bringing the purport of the said instrument" to my notice. Can the Taoiseac;'s TV speech count?
I would say not. At the time he gave the speech, there was no statutory instrument. It hadn't even been drafted. So he couldn't possibly have explained its effect. I would think "reasonable steps" could only be taken once the instrument had been prepared, and arguably once it had been made. So they could have published a notice in the daily papers on Monday, for instance, summarising the effect of the regulations and, in particular, the acts which it forbids or penalises - that would suffice. But they can't point to statement of policy intention made before there were any regulations whose purport could be explained.
Obviously, until the Minister actually signs them, there aren't any regulations in force, so nothing for the guards to enforce, and any attempt at a prosecution for anything done before the regs are actually made must fail.
But, suppose the regs are signed, and suppose reg 1 says, in effect, "these regulations enter into force immediately on signature". They will be published in Irish Oifigiuil at the first opportunity. IO comes out twice a week, on Tuesday and Friday.
Right. The regs are signed on Sunday. On Monday I do something in breach of the regs. On Tuesday the regs are published in in IO. On Wednesday I'm in court, charged with breaching the regs. (Justice is very
quick in this scenario.)