S.I. No. 66/1974 - Prices Advisory Body (Coal) Order, 1974.

S.I. No. 66 of 1974.

PRICES ADVISORY BODY (COAL) ORDER, 1974.

I, JUSTIN KEATING, Minister for Industry and Commerce, in exercise of the powers conferred on me by sections 22B and 22C (inserted by the Prices (Amendment) Act, 1965 (No. 23 of 1965)), of the Prices Act, 1958 (No. 4 of 1958), as amended by the Prices (Amendment) Act, 1972 (No. 20 of 1972) hereby order as follows:

1. This Order may be cited as the Prices Advisory Body (Coal) Order, 1974.

2. In this Order—

"the body" means the Coal 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 Coal 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—

John J. Walsh of Nairam, Clonskeagh Road, Clonskeagh, Co. Dublin (who shall be Chairman),

Patrick M. Lyons of 7, Somerby Road, Greystones, Co. Wicklow, and

Charles McCarthy of 367, Howth Road, Raheny, Dublin.

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 ) the structure of the coal trade in the State and the channels of distribution of imported and domestically produced coal to the consumer;

( b ) the actual prices charged for coal and slack in October, 1973, and the cost elements relevant to these prices;

( c ) the stocks held by importers and distributors on 31st October, 1973, and the subsequent movements in stocks, purchase prices and selling prices of coal;

( d ) the trends in the percentage and absolute gross margins earned by producers, importers and distributors of coal and slack over the last three years;

( e ) the effects of increases in wages and other costs experienced by producers, importers and distributors of coal and the profitability of these sectors of the trade over the last three years.

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 engaged in the coal trade.

9. (1) The Minister may, with the consent of the Minister for the Public Service, 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 the Public Service 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 the Public Service, 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 the Public Service, 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 to 1972, 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) The quorum for a meeting of the body shall be two.

(4) 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 member of the body other than the chairman may examine on oath any witness attending before the body.

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

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

(5) 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,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 or, at the discretion of the court, to imprisonment for any term not exceeding six months, or to both such fine and such imprisonment.

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

GIVEN under my Official Seal, this 15th day of March, 1974.

JUSTIN KEATING,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

This Order establishes a Prices Advisory Body to enquire into the sale and distribution of coal and the structure of the coal trade generally.