{"id":19572,"date":"2022-10-17T19:05:57","date_gmt":"2022-10-17T19:05:57","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19572"},"modified":"2024-01-28T21:30:19","modified_gmt":"2024-01-28T21:30:19","slug":"trade-commerce-ii","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/trade-commerce-ii\/","title":{"rendered":"Trade &#038; Industry II"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/trade-commerce-ii\/#Cereals\" title=\"Cereals\">Cereals<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/trade-commerce-ii\/#Manufacturing_Licensing\" title=\"Manufacturing Licensing\">Manufacturing Licensing<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/trade-commerce-ii\/#Societies_Companies\" title=\"Societies &amp; Companies\">Societies &amp; Companies<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/trade-commerce-ii\/#Minerals\" title=\"Minerals\">Minerals<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/trade-commerce-ii\/#Trading_Standards\" title=\"Trading Standards\">Trading Standards<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/trade-commerce-ii\/#Tourism_Promotion\" title=\"Tourism Promotion\">Tourism Promotion<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/trade-commerce-ii\/#Competition\" title=\"Competition\">Competition<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/trade-commerce-ii\/#Research_Standards\" title=\"Research &amp; Standards\">Research &amp; Standards<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Cereals\"><\/span>Cereals<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Agricultural Produce (Cereals) Acts, 1933 to 1956 conferred functions on the Department in relation to cereals.\u00a0 The initial 1933 legislation sought to secure that wheat and flour consumed in Ireland should be made in Ireland to arrest the contraction of the milling industry into a number of large units, prevent ownership from passing into the hands of non-nationals and encourage the use of native wheat.<\/p>\n<p>The legislation prohibited the importation of flour and wheat products except under a licence.\u00a0 The purpose was to protect the domestic market.<\/p>\n<p>Licenses were issued for wheaten products liberalised under various international agreements and where suitable wheaten products were unavailable domestically.<\/p>\n<p>Thelegislation provides that wheat could not be milled except as licenced by the Department of Industry and Commerce.\u00a0 Existing mills were licensed.\u00a0 New mills required a licence from the Department of Industry and Commerce.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Manufacturing_Licensing\"><\/span>Manufacturing Licensing<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The industry was controlled by quotas.\u00a0 Mills with licence were bound to produce a prescribed amount of flour under its quota.\u00a0 Milling in excess of the quota was an offence and obliged the licence holder to pay a sum to the Department with reference to the excess.\u00a0 The purpose was to ensure that the domestic needs of flour were supplied while leaving room for a limited amount of competition between mills.<\/p>\n<p>A number of larger mills engaged in the manufacture of flour while others engaged in the manufacture of wheaten meal only.\u00a0 The majority operated under home-grown wheat permits and milled wheat on behalf of growers within the general vicinity.<\/p>\n<p>The Minister had the power to issue orders prescribing the composition of the grist to be used in flour milling and the proportion of native and important wheat which the grist should contain.\u00a0 These orders were not issued other than during the war years.\u00a0 The percentage of native wheat increased in flour miller\u2019s grist went from 5% in 1929 to 80% in 1959.<\/p>\n<p>Ireland became party to the International Wheat Agreement in 1949, in which each importing country guaranteed supplies of wheat at prices not higher than the maximum specified in the agreement.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Societies_Companies\"><\/span>Societies &amp; Companies<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Department of Industry and Commerce commerce division had a range of functions, particularly in administering legislation related to companies, industrial and provident societies, trade unions, building societies, weights and measures legislation, restrictive practices, hire purchases, and industrial research and standards legislation.<\/p>\n<p>The Department administered the Companies Acts.\u00a0 Following the Cox Committee, a new Companies Act was enacted in 1963.\u00a0 The Department prosecuted breaches of companies legislation.<\/p>\n<p>The hire purchase legislation 1946 to 1960, empowered the Minister to make orders regulating minimum terms and conditions in relation to hire purchase and the provisions in advertisements for it.<\/p>\n<p>The Department of Industry and Commerce regulated insurance companies.\u00a0 Statutory deposits were required to undertake certain classes of assurance under the Insurance Act 1909 to 1936.<\/p>\n<p>The Department registered friendly societies, trade unions, and industrial and provident societies.\u00a0 The registry was part of the commerce division and was responsible under the direction of the registrar, who is a member of staff of the Attorney General&#8217;s Office for registration and certification of rules.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Minerals\"><\/span>Minerals<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Department administered the Mineral Developments Acts, facilitating prospecting for and development of minerals. \u00a0The Minister may grant the licences authorising persons to enter land for the purpose of working unworked minerals.<\/p>\n<p>Mining leases could be granted for the purpose of developing minerals.\u00a0 \u00a0The Department had the power to compulsorily acquire minerals, unworked minerals necessary for their proper development.<\/p>\n<p>The State, through its mineral company Mianrai Teoranta, undertook mineral prospecting and development.<\/p>\n<p>In 1959, an agreement was reached with an American group for carrying out exploration for oil and natural gas on the western and southern coast.\u00a0 Legislation was given effect in the Petroleum and Other Mineral Developments Act 1960.<\/p>\n<p>The Office of the Geological Survey gathers and records information regarding the geological structure of the country.\u00a0 It makes geological maps and surveys.\u00a0 It sought to assist and advise persons interested in prospecting and developing mineral resources.\u00a0 It is also responsible for the coal exploration scheme.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Trading_Standards\"><\/span>Trading Standards<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Merchandise Marks Acts, criminalised false descriptions and forged trademarks.\u00a0 The Minister may undertake prosecutions where they affect the general interest of the community.\u00a0 The Merchandise Marks Act, 1931 provided for restriction orders requiring that imported goods of a particular class shall bear an indication of origin.<\/p>\n<p>Under the Weights and Measures Act, the Department had custody of State standards and was responsible for verifying local standards held by local authorities and standards used by inspectors of weights and measures.\u00a0 The Commerce Department was responsible for the general direction of the work of the inspectors of weights and measures.<\/p>\n<p>The commerce division administered the law relating to the Assay Office.\u00a0 It is responsible for assaying and hallmarking gold and silver plate either at home or for import.\u00a0 The office operated under a charter from 1637.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Tourism_Promotion\"><\/span>Tourism Promotion<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Department of Industry and Commerce was responsible for tourism policy.\u00a0 The Tourist Traffic Act provided for the encouragement and development of tourist traffic and created Bord F\u00e1ilte Eireann, which was responsible under the auspices of the Department.\u00a0 The body was under the Department&#8217;s vote and Department had broad policy remit in relation to Bord Pleanala.<\/p>\n<p>A scheme of state-guaranteed loans and grants to meet interest charges was made available to hoteliers to finance the expansion of hotel premises.\u00a0 Applications were made to the Board to examine the case and recommend whether the Minister should issue the guarantee.<\/p>\n<p>Other schemes provided grants for additional bedrooms and bathroom facilities in hotels and the improvement of existing hotel premises.\u00a0 Grants covered up to 20% of the cost.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Competition\"><\/span>Competition<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Fair Trade Commission was responsible under the Restrictive Practices Acts 1953 and 1959 for competition and trade.\u00a0 The commission was staffed by officers of the Department of Industry and Commerce.<\/p>\n<p>The Commission prepared fair trading rules in relation to the supply and distribution of goods and rendering of services affecting such supply and distribution.\u00a0 \u00a0The Commission reviewed fair trading rules and reported their non-observance to the Minister.\u00a0 The Commission has the power to hold public inquiries in relation to the conditions affecting the supply and distribution of goods or services affecting such supply and distribution.<\/p>\n<p>On foot of the report, the Minister may make an order prohibiting specific arrangements, agreements and practices in relation to the supply and distribution of particular goods.\u00a0 The Commission must if requested by the Minister, undertake a special view of the operation of existing orders.<\/p>\n<p>Twenty fair trading rules made by the early 1960s in areas such as radio sets, building materials, motor goods, and groceries in the \u00a0Restrictive Practices Act<\/p>\n<p>The 1959 Act empowered the Commission to undertake at the Minister&#8217;s request inquiry into the refusal or alleged refusal by employers to use particular materials and methods of manufacturing.\u00a0 The purpose was to investigate complaints on restrictive practices relating to the use of specific materials or methods preventing the promotion of efficiency and inflated costs.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Research_Standards\"><\/span>Research &amp; Standards<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Institute for Industrial Research and Standards was established in 1946.\u00a0 Its function is to undertake, encourage and foster scientific research and investigation for its utilisation of indigenous resources, improvement of existing and the discovery of new techniques or processes for use in native industries and the testing and analyses of commodities.<\/p>\n<p>The Institute operates an information service on technical matters in industry and publishes bulletins designed to draw the attention of industrialists to technological developments in particular areas.\u00a0 It was empowered to issue standard specifications for commodities.\u00a0 A prescribed mark might be used by manufacturers as products conform to the specifications.<\/p>\n<p>The Patents Office comprised the design and trademarks branch and the patents branch.\u00a0 It was under the control of the Controller of Industrial and Commercial Property, an officer appointed by the government who was an officer and staff member of the Department of Industry and Commerce.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19572\" data-postid=\"19572\" 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