SAORSTAT EIREANN.

BILLE STAITISTIOCHTA, 1925. STATISTICS BILL, 1925.

Mar do ritheadh op Da.il Eireann. • 1 s passed bp Ddil Eireann.

ARRANGEMENT OF SECTIONS.Section.

1. Definitions.2. Statistics may be collected etc.3. Collection etc. of particular statistics by particular

Ministers.4. Establishment of Statistics Council.5. Minister may arrange for collection of statistics by any

civil servants.6. Consultations between Ministers.7. Obligation to make returns and give information.8. Leaving of documents to be a sufficient requisition under

this Act.9. Officers of statistics may inspect public records etc.

10. Officer of statistics may inspect other records etc.11. Officers of statistics to have and produce written authority.12. Presumption of authenticity of documents.13. Information and returns not to be disclosed.14. Officers not to disclose information.15. Abuse of office by officer of statistics.16. Minister may prescribe certain matters and make regula­

tions.17. Provisions as to existing powers in relation to statistics.18. Expenses.19. Repeals.20. Short title.

[No. 57(b) of 1925.]

SAORSTAT EIREANN.

BILLE STAITISTIOCHTA, 1925. STATISTICS BILL, 1925.

BILLentitled

AN ACT TO AUTHORISE AND PROVIDE FOR THE COLLEC­TION, COMPILATION, ABSTRACTION, AND PUBLICA­TION OF STATISTICS BY THE STATE.

BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—

Definitions. 1.—In this Act—the expression “ the Minister ” means the Minister for Industry and Commerce;the expression il civil service ” means the civil service of Saorstat Eireann and includes the Garda Siochana;the word “ statistics ” includes information not expressible numerically but which is necessary for the collection, compila­tion, or interpretation of numbers relating to any matter in respect of which statistics can be collected under this Act; the expression “ officer of statistics ” means and includes every officer in the civil service and every other person who is for the time being employed in or about the collection, abstraction, compilation, or publication of statistics under this Act; the word “ lawfully ” when used in relation to an officer of statistics means under and in accordance with this Act and in the proper course and for. the purpose of his duties and within his authority as such officer.

Statistics may 2.—The Minister may collect, compile, abstract, and (subject be collected etc. to the provisions of this Act) publish statistics relating to any

matter affecting the general economic and other activities and conditions in Saorstat Eireann and in particular all or any of the following matters, that is to say :■—

(a) population;(b) vital, social, and educational matters;(c) local government;(d) employment and unemployment;(e) emigration and immigration;(/) agriculture;(p) sea and inland fisheries.(h) industry;(i) commerce;(j) banking, insurance, and finance;(k) railways, tramways, shipping and other forms of trans­

port.

Collection etc. 3.—(1) In addition and without prejudice to the power con- of particular ferred on the Executive Council by sub-section (2) of section 12 statistics by o{ the Ministers and Secretaries Act, 1924 (No. 16 of 1924) ofparticular redistributing public services and officers amongst the severalMinisters. Ministers and Departments of State, the Executive Council may

by order transfer the powers and duties conferred by this Act on the Minister for Industry and Commerce in relation to any particular class or classes of statistics to anj other Minister, and. where any such order has been made, may at any time transfer such powers and duties to a different Minister or retransfer the same to the Minister for Industry and Commerce.

2

5

10

15

20

25

30

35

40

45

50

55

(2) If and so long as the powers and duties conferred on the Minister for Industry and Commerce by this Act in relation to any class of statistics arc vested by virtue of an order made under this section in any other Minister the Minister for Industry

5 and Commerce shall be responsible for the co-ordination of the execution of this Act in his own Department and the several Departments of the Ministers in whom any of the said powers and duties are for the time being vested, and with a view to siich co-ordination no such Minister shall initiate the collection

I) of any statistics under this Act without previous consultation with the Minister for Industry and Commerce.

(3) No transfer under this section of any powers and duties from the Minister for Industry and Commerce to any other Minister shall prejudice or affect the power of the Minister for

0 Industry and Commerce to compile and issue under this Act from time to time a publication containing the collected statistics of Saorstat Eireann and to include in such publication, in addi­tion to statistics collected by him under this Act, statistics collected by any other Minister or under any other enactment.

“0 (*1) If and so long as the powers and duties conferred andimposed on the Minister for Industry and Commerce by this Act in relation to any class of statistics are vested by virtue of an order made under this section in any other Minister, such other Minister shall have and may exercise all or any of the powers

25 and shall perform the duties conferred or imposed by this Act on the Minister for Industry and Commerce so far as such powers and duties relate to such class of statistics.

4—(1) As soon as may be after the passing of this Act the Establishment Executive Council may by order establish a council to be called of Statistical

3b the Statistical Council to give advice and assistance in regard Council. to the execution of this Act and any other matter relating to statistics to the Minister for Industry and Commerce and to any other Minister in whom the powers and duties conferred by this Act on the Minister for Industry and Commerce are for the

3b time being vested in relation to any particular class of statistics.(2) The Statistical Council, if and when established, shall con­

sist of such number of persons, not being more than nine nor less than four, as the Executive Council shall from time to time think proper.

40 (3) The first members of the Statistical Council shall beappointed by the Executive Council in and by the order estab­lishing the Council and the subsequent members of the Council shall be appointed by the Executive Council, and every member of the Statistical Council shall, unless he previously dies or

4o * esigns, retain his membership of the Council for two years only from the date of his appointment but shall always be eligible for re-appointment.

(4) The Statistical Council shall meet whenever summoned by the Minister for Industry and Commerce on his own motion .or

50 at the request of any Minister in whom any powers or duties under this Act are for the time being vested and on such other occasions as the Council may from time to time determine.

®* (I) The Minister may arrange with any other Minister or Minister mayvdth any board, body, or officer in charge of any branch of the arrange for

55 civil service for the collection, compilation, abstraction or pub- coII®ct.lon °f lication by the officers of that Minister or the persons serving in amTrivil ^ that branch of the civil service of any statistics or statistical servants, information under this Act or for the performance by such officers or persons of any duties or services relating to the duties

60 and powers imposed and conferred on the Minister by this Act.(2) Every officer or other person in the civil service perform­

ing any duties or services under this section shall, while he is engaged on such duties or services, be an officer of statistics

65 within the meaning of this Act.3

ConsultationsbetweenMinisters.

Obligation to make returns and give information.

Leaving of documents to be a sufficient requisition under this Act.

Officers of statistics may inspect public records etc.

6__Whenever the Minister proposes to collect under this Actany statistics relating to any matter which is comprised in the public services of any Department of State other than the Department of which he is the head, the Minister shall before commencing the collection of such statistics consult the Minister 5 in charge of such Department of State in regard thereto and shall, in the event of his collecting such statistics, consult such Minister from time to time as occasion requires during the collec­tion. abstraction, compilation and publication of such statistics.

7.—(1) Every person who is duly required under and in accord- 10 ance with this Act to fill up or otherwise complete any schedule, form, or other document shall to the best of his knowledge, ability, or belief (as the case may require) duly and correctly fill up or otherwise complete such document according to the instructions contained therein or otherwise communicated to him ^ under this Act and shall then return or otherwise dispose of such document in accordance with such instructions, and if he shall fail or refuse so to fill up or otherwise complete or so to return or otherwise dispose of such document he shall be guilty of an offence under this section. 20

•(2) Every person who is lawfully required by an officer of statistics to give or furnish to such officer any written or verbal information or to answer any question asked of him by such officer shall to the best of his knowledge, ability, or belief (as the case may require) give or furnish such information or ansv er -3 such question, and if he fails or refuses so to do shall be guilty of an offence under this section.

(3) Every person who is found guilty by a court of summary jurisdiction of an offence under this section shall be liable to a fine not exceeding twenty pounds or, at the discretion of the 30 court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

8.—(1) The leaving by an officer of statistics at any house or other building or any office, flat, or other defined part of a house or other building or the sending by any such officer 35 by prepaid post to any such house, building, or defined part of a house or building of any schedule, form, instruction, or other like document prepared and issued under this Act and contain­ing a notice requiring the occupier (without naming him) of such house or building or such defined part thereof to fill in or 40 otherwise complete the document within a specified time shall, as against the person who is such occupier, be a sufficient requisi­tion under this Act on such person to fill up or otherwise com­plete and to return or otherwise dispose of such document in accordance with the directions contained therein notwithstanding 45 that such occupier is not named in such document or personally served therewith.

(2) The leaving by an officer of statistics for any person at his place of residence or his place of business or the sending by any such officer by prepaid post to a person at his place of gg residence or his place of business of any schedule, form, instruc­tion, or other like document prepared and issued under this Act and containing or accompanied by a notice addressed to such person requiring him to fill in or otherwise complete the docu­ment within a specified time shall, as against such person, be a 55 sufficient requisition under this Act on such person to fill up or otherwise complete and to return or otherwise dispose of such document in accordance with the directions contained therein or left or sent therewith.

(3) For the purposes of this section the place of business of a go person includes any place at which he carries on business and, in the case of an incorporated body, includes his registered office.

9#.*_Xotwithstanding any other statutory provision every officer of statistics who, law fully requires to inspect any record or other document in the custody or charge of any officer of the civil 65 sorvice shall be entitled to have access to, inspect, and take copies of such record or document without the payment of any fee

4

and shall also, if he lawfully requires a copy of such record or document or any part thereof, be entitled to be furnished on demand and free of charge with a copy of such record or docu­ment or of any particular part thereof by the officer having the

. 5 custody or charge thereof.

10.—(1) Every person who has the custody or charge of any record or document (other than a record or other document in the custody or charge of an officer of the civil service) shall permit any officer of statistics who lawfully so requires to have

10 access to, inspect, and take copies of such record or document free of any charge and shall also, if lawfully so required by such officer, either furnish to such officer a copy of such record or document or any part thereof specified by such officer or, at the option of such person, lend such record or document to such

15 officer.(2) Every person who shall fail or refuse to do any act or

thing which he is required by this section to do shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

20 11.— (1) Subject to the exceptions hereinafter mentioned,every officer of statistics whose duty or authority as such officer requires or authorises him to do all or any of the following things under or for the purpose of this Act, that is to say:—

(«) to demand of any person any information, or 25 (b) to require any person to fill up. complete, return, or

otherwise deal with or dispose of any schedule, form, „ or other document in pursuance of this Act;

(c) to inspect, copy, take extracts from, or obtain copies of any record or other document, or

30 (d) to collect or receive from any person any schedule, form,or other document,

shall be supplied with an appointment in accordance with this section appointing him to be an officer of statistics within the meaning and for the purposes of this Act.

35 (2) Every such appointment of an officer of statistics shall bein writing in such form as shall be prescribed by regulations made under this Act and, in the case of an officer of the Minister or of a person who is not an officer in the civil service, shall be signed by the Minister or the secretary or assistant

40 secretary of his Department or the principal officer of his Depart­ment concerned with the execution of this Act and, in the ease of any officer in the civil sendee who is not an officer of the Minister shall be signed by any of the persons aforesaid or the principal or assistant principal officer of the branch of the civil

45 service of which he is an officer.(3) Every officer of statistics when doing any of the things

mentioned in the first sub-section of this section shall on demand produce and show his appointment under this section.

(4) Any document produced by an officer of statistics in pur- 50 suance of this section and represented by him to be his appoint­

ment under this section and purporting on its face to be such appointment and to be duly signed in accordance with this section shall, until the contrary is proved, be deemed to be such appointment and to be valid and regular.

55 (5) This section shall not apply to an officer of statisticsengaged only in delivering or leaving schedules, forms or other documents under this Act with persons or at places.

(6) This section shall not apply to a member of the Garda Siochana in uniform, and any such member who, while wearing

60 his uniform as such member, purports to act as an officer of statistics shall, until the contrary is proved, be deemed to be duly authorised to act as such officer.

12—Every written document which purports to be a schedule, form, instruction, or other document prepared and issued under

65 this Act shall, if and when presented to any person or left at any place by an officer of statistics, be presumed until the con-

5

Officer of statistics may inspect other records etc.

Officers of statistics to have and produce written authority.

Presumption of authenticity of documents.

Information and returns not to be disclosed.

Officers not todiscloseinformation.

Abuse of office by officer of statistics.

trary is proved to have been duly prepared and issued under this Act and to have been lawfully supplied to such officer.

13.—(1) Neither any individual schedule, form, or other docu­ment filled in or otherwise completed by any person in pursuance of any requisition made under this Act nor any part of any 5 such document shall without the consent of such person be pub­lished or, except for the purposes of a prosecution under this Act, be shown or communicated to any person other than an officer of statistics concerned therewith in the course of his duty as such officer. • 10

(2) So far as is reasonably practicable, no report, abstract, summary, or other publication made under this Act shall contain the particulars of any information supplied in any manner whatsoever in pursuance of this Act by any person to any officerof statistics so arranged as to enable any person to identify such 15 particulars as being particulars relating to any individual person, business, or concern without the consent in writing of that person or of the proprietor of that business or concern.

(3) No record or other document nor any part of any recordor other document in the custody or charge of an officer of the 20 civil service or of any other person and not open to public inspec­tion which is inspected or of which a copy is obtained or taken by an officer of statistics under a power in that behalf conferred on him by this Act shall be published or shown or communicated by an officer of statistics to any person other than another officer 25 of statistics concerned therewith in the course of his duty as such officer nor (so far as is reasonably practicable) shall any report, abstract, summary, or other publication made under this Act contain the particulars of any information obtained from any such record or document so arranged as to enable any person gg to identify such particulars as being particulars relating to any individual person, business, or concern without the consent in writing of that person or the proprietor of that business or concern.

14—(1) Save for the purpose of a prosecution for an offence 35 under this Act, no officer of statistics shall publish or disclose to any person, other than another officer of statistics concerned with the matter in the course of his duties as such officer the contents or any part of the contents of any individual schedule, form, or other document filled in or otherwise completed by any 40 person in pursuance of a requisition made under this Act or the contents or any part of the contents of any record or document (not being a record or document open to public inspection) which was inspected or of which a copy was taken or obtained by an officer of statistics in exercise of any power in that behalf con- 45 ferred on him by this Act.

(2) Every officer of statistics who shall publish or disclose the contents or any part of the contents of any such individual schedule, form, or other document as aforesaid or any such reeord or document as aforesaid in contravention of this section 50 shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment. 55

15.—Every officer of statistics Avho in the pretended perform­ance of his duties as such officer obtains or attempts to obtain by any means from any person on any occasion any information which he is not lawfully entitled to obtain by that means from that person on that occasion shall be guilty of an offence under go this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the ccurt, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

' 6

16.— (1) The Minister may by order do all or any of the following things, that is to say:—

(a) prescribe the subject-matter, nature, character, andperiodicity of the statistics to be collected under this

5 Act, and the time at or the occasion on which thesame are to be collected;

(b) prescribe, subject to the provisions of this section, thepersons or classes of persons by whom returns are to be made or information is to be given for the purpose

10 of a»y statistics collected under this Act;(c) make regulations for the collection, compilation, abstrac­

tion, or publication of statistics generally or any par­ticular class or classes of statistics under this Act;

(d) prescribe the schedules, forms, instructions, and other15 documents to be used in the collection, compilation,

abstraction, or publication of statistics generally or of any particular class or classes of statistics under this Act;

(e) prescribe any matter or thing which is referred to in20 this Act as prescribed or to be prescribed by regula­

tions made under this Act.(2) When prescribing the persons or classes of persons by

whom returns are to be made or information is to be given under this Act, the Minister may define or delimit such persons or

25 classes of persons by reference to any matter or thing connected with or having direct reference to the statistics for the purpose of which the returns or information are or is required but not otherwise, save that, where owing to the prohibitive cost or for any other reason it is in the opinion of the Minister impracticable

30 or unnecessary to obtain returns from all persons or every mem­ber of a class of persons, or from the whole of Saorstat Eireann or the ’whole of any particular part of Saorstat Eireann, the Minister may require the returns to be made or the information to be supplied by particular persons or particular classes of

35 persons or in respect of a particular area or areas selected by the Minister as being sufficient for the purpose in view.

Minister may prescribe certain matters and makeregulations.

(1) The provisions of this Act shall be in addition to Provisions as and not in substitution for any power of collecting, compiling, to existing abstracting, or publishing statistics now vested by law (otherwise po%v'ers “

40 than by virtue of an Act repealed by this Act) in any Minister statistics. ° or iii any board, body, or officer in charge of any branch of the public service, but the Executive Council may by order transfer all or any of such powers to the Minister and whenever any such order is made the powers thereby transferred shall thenee-

45 forward be exercised by the Minister under and in accordance with this Act.

(-) 1 util all such powers as are mentioned in the foregoing sub-section are transferred under that sub-section to the Minister! the Minister shall be responsible for the co-ordination of the

50 collection, compilation, abstraction, and publication of statistics under those powers and this Act respectively, and with a view to such co-ordination no person in whom any such power is for the time being vested shall initiate the collection of any statistics under such power without previous consultation* with the

55 Minister.

18-—AH expenses of carrying this Act into effect shall, to Expenses, such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys to be provided by the Oireachtas.

19. The Census of Production Acts, 1906 and 1917 are hereby Repeal.®. 60 repealed.

20—This Act may be cited as the Statistics Act, 1925. Short title.

Saorstat Eireann.

BILLE STAITISTIOCHTA, 1925.

B I L L E

Saorstat Eireann.

STATISTICS BILL, 1925.

BILLdd ngairmtear

Acht chun a udaru agus a shocru go ndeanfidh an Stat Staitistiocht do bhailiu, do chur le cheile, do thogaint araach agus d’fhoillsiu.

entitled

An Act to authorize and provide for the collec­tion, compilation, abstraction, and publica­tion of Statistics by the State.

An t-Aire Tionnscail agus Trichtdla do thug j Introduced by the \Minister for Industry and isteach.

Rithte, ag Bail Eireann, 5adh Feubhra, 1926.

Passed, by Dnil Eireann, 5th February, 1926.

BAILE ATHA CLIATH: FOILLSITHE AG OIFIG AN tSOLATHAIR.

Le ceannach tri Messrs. Eason and Son, Ltd., 40 agus 41 Sraid Iochtarach Ui Chonaill,

Baile Atha Cliath.

Clo-bhuailte ag Messrs. Cahill and Co., Ltd.[Dha Phinginn Gla

DUBLIN :PUBLISHED BY THE STATIONERY OFFICE.

To be purchased through Messrs. Eason & Son, Ltd. 40 and 41 Lower O’Connell Street,

Dublin.

Printed by Messrs. Cahill and Co., Ltd.[Twopencc «

Wt. 17—1933- 550- 2/26- C.&Co. (3259*)