S.I. No. 226/1965:

PRICES ADVISORY BODY (FERTILISERS) ORDER, 1965.

PRICES ADVISORY BODY (FERTILISERS) ORDER, 1965.

I, PÁDRAIG Ó h-IRIGHILE, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 22B of the Prices Act, 1958 (No. 4 of 1958), as amended by the Prices (Amendment) Act, 1965 (No. 23 of 1965), hereby order as follows:

1. This Order may be cited as the Prices Advisory Body (Fertilisers) Order, 1965.

2. In this Order--

"the body" means the Fertiliser Prices Advisory Body established by this Order;

"the Minister" means the Minister for Industry and Commerce;

"the enquiry" means the enquiry to be held by the body pursuant to this Order.

3. There is hereby established a body to be known as the Fertiliser Prices Advisory Body.

4.--(1) The body shall consist of a chairman and two other members.

(2) The following persons shall be members of the body, namely:

James A. O'Dwyer of 1, Sunbury Gardens, Dartry Road, Dublin (who shall be chairman),

Peadar Mac Giolla Riogh of Silver Dean, Tallaght in the county of Dublin, and

James Mullins of Dooninga, Goresbridge in the county of Kilkenny.

5.--(1) A member of the body may resign from office.

(2) The Minister may remove from office a member of the body if--

(a) he has become incapable through ill-health of performing efficiently his duties as such member, or

(b) his removal appears to the Minister to be necessary in the interests of the effective and economical performance of the functions of the body.

(3) If a casual vacancy occurs in the membership of the body, the Minister may appoint a person to fill the vacancy.

6. The functions of the body shall be to enquire generally into, and report to the Minister upon--

(a) proposals by Goulding Fertilisers, Limited, and Albatros-Windmill Fertilizer Company, Limited, to increase the prices charged by them immediately before the commencement of this Order for fertilisers, and

(b) the prices charged for compound fertilisers.

7.--(1) The body shall cause to be published in such manner as it thinks fit notice of its intention to hold the enquiry.

(2) Any person may make a submission to the body in the manner prescribed by the body.

(3) The enquiry may be held in public or in private, or partly in public and partly in private, as the body may think fit.

8. For the purposes of the enquiry the body may investigate the profits of persons dealing in fertilisers.

9.--(1) The Minister may, with the consent of the Minister for Finance, appoint such persons as he thinks necessary to assist the body in the performance of its functions.

(2) Persons appointed under subparagraph (1) of this paragraph shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

10.--(1) If the body requests the appointment of a person to assist it in the conduct of the enquiry, the Minister may, with the consent of the Minister for Finance, appoint such person as he thinks fit for the purpose.

(2) A person appointed under subparagraph (1) of this paragraph may be paid such remuneration and allowance for expenses as the Minister, with the consent of the Minister for Finance, determines.

11. No person shall disclose information available to him only through being present at a part of the enquiry held in private except in the execution of his duties under the Prices Acts, 1958 and 1965, or this Order or for the purpose of legal proceedings under those Acts.

12.--(1) The chairman of the body shall preside at each meeting of the body, and a meeting of the body shall not be held in his absence.

(2) Every question at a meeting of the body shall be determined by a majority of the members.

(3) Subject to the provisions of this paragraph, the body may regulate its procedure and business, including the manner in which persons may make submissions in relation to the subject matter of the enquiry.

13.--(1) The chairman of the body may for the purposes of its functions--

(a) summon witnesses to attend before it;

(b) examine on oath (which the chairman is hereby authorised to administer) any witness attending before the body;

(c) require any such witness to produce to the body any document in his power or control.

(2) A summons to a witness to attend before the body shall be signed by the chairman thereof.

(3) A witness before the body shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(4) If any person--

(a) on being duly summoned before the body makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required to be taken by him, or to produce any document in his power or control legally required to be produced by him, or to answer any question to which the body may legally require an answer, or

(c) does anything which if the body were a court of justice having power to commit for contempt of court, would be contempt of such court,

the body may certify the offence of that person under its hands to the High Court, and the High Court may, after such inquiry as it thinks fit, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the High Court.

14. The body shall stand dissolved immediately after furnishing its report to the Minister.

GIVEN under my Official Seal, this 11th day of November, 1965.

PÁDRAIG Ó h-IRIGHILE.

EXPLANATORY NOTE.

This Order establishes a Prices Advisory Body to enquire into certain fertiliser prices.