S.I. No. 55/1933 - Tariff Commission (Proceedings) Regulations, 1933.

STATUTORY RULES AND ORDERS. 1933. No. 55.

TARIFF COMMISSION (PROCEEDINGS) REGULATIONS, 1933.

WHEREAS it is enacted by Section 3 of the Tariff Commission Act, 1926 (No. 40 of 1926), that the Tariff Commission shall make regulations for the governance of its proceedings, and may by such regulations make provision for all or any of the matters specified in that section.

NOW the Tariff Commission, in pursuance of Section 3 of the Tariff Commission Act, 1926 (No. 40 of 1926), and in exercise of the power conferred by the said section and of any and every other power it in this behalf enabling, hereby makes the following regulations :—

1. These Regulations may be cited as the Tariff Commission (Proceedings) Regulations, 1933.

2. In these Regulations—

the expression " the Act of 1926 " means the Tariff Commission Act, 1926 (No. 40 of 1926) ;

the expression " the Act of 1930 " means the Tariff Commission (Amendment) Act, 1930 (No. 31 of 1930) ;

the expression " the Commission " means the Tariff Commission ;

the word " applicant " means a person who has made an application under sub-section (1) of Section 2 of the Act of 1926.

3. The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

4. Whenever an application is referred to the Commission under sub-section (1) of Section 2 of the Act of 1926, the Commission shall give notice of such reference to the applicant and request him to make a submission in accordance with these regulations.

5. On receipt of a submission by an applicant in pursuance of a request under the foregoing regulation, the Commission shall, with the sanction of the Minister for Finance, fix the fee payable by the applicant under sub-section (1) of Section 4 of the Act of 1926, and shall inform the applicant of the amount of the fee so fixed.

6. On payment by an applicant of the fee fixed under the foregoing regulation, the Commission shall publish in the Iris Oifigiúil, and in such other manner as it may think suitable, notice (in these regulations referred to as a preliminary notice) of the reference of the application to the Commission, the nature of the application, and the intention of the Commission to hold an inquiry into the application in pursuance of the Act of 1926.

7. Whenever any matter or question is referred to the Commission under Section 2 of the Act of 1930, the Commission shall publish in the Iris Oifigiúil, and in such other manner as it may think suitable, notice (in these regulations also referred to as a preliminary notice) of the reference of the matter or question to the Commission, the nature of the said matter or question, and the intention of the Commission to hold an inquiry into the matter or question in pursuance of the said Act.

8. There shall be inserted in every preliminary notice the substance of sub-section (3) of Section 2 of the Act of 1926, and also the substance of paragraph (1) of the next succeeding regulation.

9.—(1) Whenever a preliminary notice is published, any person who desires to be heard at the inquiry referred to in the notice and who claims to be substantially representative of persons, trades or interests, who would or might reasonably be expected to be affected by the imposition, modification, abolition, or renewal of a customs duty on the importation of goods of the class or description the subject matter of the inquiry, may apply to the Commission for leave to make a submission thereon stating the manner in which he claims to be interested.

(2) On receipt of any application under the immediately preceding paragraph, the Commission shall, if it is of opinion that the person making such application is a person having a substantial interest in the subject matter of the inquiry, invite such person to make a submission in relation to the said matter in accordance with these regulations.

10. The following provisions shall have effect in relation to submissions made under these regulations, that is to say :—

(a) every submission shall be in writing and signed by the person by whom it is made, or by his agent ;

(b) every submission shall be accompanied by a by a list of the names and addresses of the witnesses whom it is proposed to call in support thereof, and by a written statement of the evidence which it is proposed shall be given to the Commission by each of such witnesses ;

(c) every submission made in relation to a particular class of goods shall contain a detailed description of the goods to which such submission relates, identified as far as possible by reference to the Official Import List issued under the authority of the Minister for Finance and the Revenue Commissioners ;

(d) every submission made by an applicant shall be in such a form as to refer clearly to the several aspects of the application upon which the Commission is required to report in accordance with sub-section (2) of Section 2 of the Act of 1926 and the Schedule to that Act, which schedule is printed as an appendix to these regulations ;

(e) where the matters and questions to which a submission relates were referred to the Commission under Section 2 of the Act of 1930 and the person making such submission claims that a customs duty ought to be imposed on the goods or any of the goods to which the said submission relates the submission made by such person shall be in the same form as if such person were an applicant.

11. At least seven clear days before the commencement of the sittings of the Commission for the purpose of any inquiry the Commission shall publish in the Iris Oifigiúil, and in such other manner as it may think suitable, notice of the date, hour and place fixed for the commencement of such sittings, and shall at least seven clear days before such commencement post a copy of such notice to every person by whom a submission in relation to the subject matter of such inquiry has been made to the Commission.

12. Every submission and statement of evidence furnished to the Commission in accordance with these regulations shall be in typescript or print on paper of foolscap size and furnished in quintuplicate.

13. Except by special leave of the Commission, no witness may be called or give evidence unless a statement of the evidence which he proposes to give has been previously furnished to the Commission in accordance with these Regulations.

14.—(1) Every person who for the purpose of any inquiry furnishes any document to the Commission in accordance with these regulations may at any time during office hours inspect any such document furnished by himself and any other document furnished to the Commission for the purpose of that inquiry unless the Commission has by order limited the inspection of such other document.

(2) The Commission may on the application of any person by whom a document is furnished in accordance with these regulations, or whenever it thinks fit without such application, by order (hereinafter called a limitation on inspection order) limit the inspection of a document so furnished or any specified part or parts of such document.

(3) Where the Commission makes a limitation on inspection order in respect of any document such document or the part or parts of such document to which such order relates shall not be inspected by any person other than the person who furnishes such document, his lawfully appointed agent, or personal representative, without the special leave of the Commission, and the Commission may grant or withhold such leave, or grant such leave subject to conditions, as it may think fit.

15.—(1) The Commission shall give to each person whose attendance it requires for the purpose of hearing any evidence tendered in accordance with these regulations notice in writing of the date on which the Commission will hear such evidence, and such notice shall be delivered at or posted to the address of such person at least four clear days before such date.

(2) The notice to be given by the Commission under the immediately preceding paragraph may be dispensed with in respect of persons who are in attendance before the Commission, and receive verbal notice of the date on which they are required to give evidence.

16. Every summons issued under sub-section (1) of Section 5 of the Act of 1926 requiring the attendance of a witness, or the production of any document, or both such attendance and production, shall fix a date on which such summons shall be complied with, and shall be served on the person to whom it is directed at least four clear days before such date.

17. The Commission may, on the request of any person who makes a submission or tenders evidence to the Commission in relation to any inquiry, exclude all or any other persons from the whole or part of such inquiry, whether the persons so excluded are or are not interested in such inquiry.

18. The Commission may, if it thinks fit, allow a solicitor, counsel, accountant or other person to appear at any inquiry on behalf of any person who has made a submission or has been granted leave to be heard by the Commission, and such solicitor, counsel, accountant or other person so appearing may examine the person for whom he appears or any witness called by him, but shall not cross-examine any witness.

19. The Tariff Commission (Proceedings) Regulations, 1927, are hereby revoked.

Dated the 17th day of May, 1933.

ÉINRÍ Ó FRIGHIL.

S. B. Ó FAOILLEACHÁIN.

DOMHNALL Ó TÚAMA.

APPENDIX.

Copy of Schedule to the Act of 1926.

1. The efficiency, extent, and relative importance of the industry in respect of which the application is made, the amount of capital invested therein, the number of persons employed therein, the total annual value of the goods produced by the said industry, and the cost of production of such goods in Saorstát Eireann as compared with such cost in other countries.

2. The cost, efficiency, conditions of labour, and rates of wages in Saorstát Eireann in the industry in respect of which the application is made as compared with such cost, efficiency, conditions, and rates in other countries.

3. The effect which the granting in whole or in part of the concessions asked for in the application would be likely to have on the several matters mentioned in paragraph 1 of this Schedule.

4. The effect which the granting in whole or in part of the concessions asked for in the application would be likely to have on other trades and industries in Saorstát Eireann.

5. The effect which the granting in whole or in part of the concessions asked for in the application would be likely to have on consumers of the goods produced by the industry in respect of which the application is made and on the cost of living.

6. The effect which the granting in whole or in part of the concessions asked for in the application would be likely to have on the public revenues of Saorstát Eireann.

7. The prospects, if any, which the industry in respect of which the application is made has of establishing itself eventually on a permanent basis without the continued aid of a customs duty or with a modification of such duty after a period.

8. The minimum amount of customs duty which would probably be necessary for the successful conduct in Saorstát Eireann of the industry in respect of which the application is made.

9. To what extent, if at all, the competition from imported goods to which the industry in respect of which the application is made is exposed is unfair by reason of currency depreciation or the grant of subsidies or bounties in the country in which such goods are manufactured.

10. Such other economic, industrial and administrative aspects of the application as appear to the Commission to the relevant to the determination of the merits and demerits of the application.