No. 12/1926:

STATISTICS ACT, 1926

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Statistics may be collected etc.

3 Collection etc., of particular statistics by particular Ministers.

4 Establishment of Statistical 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 regulations.

17 Orders to be laid on the Table of both Houses of the Oireachtas.

18 Provisions as to existing powers in relation to statistics.

19 Restrictions as to information obtainable.

20 Expenses.

21 Repeals.

22 Short title.

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

[18th March, 1926.]

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

1.—In this Act-

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

the expression "civil service" means the civil service of Saorstát Eireann and includes the Gárda Síochána;

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.

2.—The Minister may collect, compile, abstract and (subject to the provisions of this Act) publish statistics relating to any matter affecting the general economic and other activities and conditions in Saorstát 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;

( f ) agriculture;

( g ) sea and inland fisheries;

( h ) industry;

( i ) commerce;

( j ) banking, insurance and finance;

( k ) railways, tramways, shipping and other forms of transport;

( l ) ancient monuments.

3.—(1) In addition and without prejudice to the power conferred on the Executive Council by sub-section (2) of section 12 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924) of redistributing public services and officers amongst the several 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 any 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) 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 are vested by virtue of an order made under this section in any other Minister the Minister for Industry 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 such co-ordination no such Minister shall initiate the collection 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 Industry and Commerce to compile and issue under this Act from time to time a publication containing the collected statistics of Saorstát 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.

(4) If and so long as the powers and duties conferred and imposed 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 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 Executive Council may by order establish a council to be called the Statistical Council to give advice and assistance in regard 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 time being vested in relation to any particular class of statistics.

(2) The Statistical Council, if and when established, shall consist 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.

(3) The first members of the Statistical Council shall be appointed 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 resigns, 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 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.

5.—(1) The Minister may arrange with any other Minister or with any board, body or officer in charge of any branch of the civil service for the collection, compilation, abstraction or publication by the officers of that Minister or the persons serving in that branch of the civil service of any statistics or statistical information under this Act or for the performance by such officers or persons of any duties or services relating to the duties and powers imposed and conferred on the Minister by, this Act.

(2) Every officer or other person in the civil service performing any duties or services under this section shall, while he is engaged on such duties or services, be an officer of statistics within the meaning of this Act.

6.—Whenever the Minister proposes to collect under this Act any 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 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 accordance 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.

(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 answer 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 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 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 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 that such occupier is not named in such document or personally served therewith unless such occupier shall satisfy the court that the document was not received by him.

(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 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 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 person includes any place at which he carries on business and, in the case of an incorporated body, includes his registered office.

9.—Notwithstanding any other statutory provision every officer of statistics who lawfully requires to inspect any record or other document in the custody or charge of any officer of the civil service shall be entitled to have access to, inspect and take copies of such record or document without the payment of any fee 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 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 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 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.

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:—

( a ) to demand of any person any information, or

( 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, or

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

( 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.

(2) Every such appointment of an officer of statistics shall be in 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 secretary of his Department or the principal officer of his Department concerned with the execution of this Act and, in the case of any officer in the civil service 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 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 pursuance of this section and represented by him to be his appointment 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.

(5) This section shall not apply to an officer of statistics engaged 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 Gárda Síochána in uniform, and any such member who, while wearing his uniform as such member, produces a certificate in writing signed by a superintendent of the Gárda Síochána that he is acting as an officer of statistics shall, until the contrary is proved, be deemed to be duly authorised to act as such officer.

(7) Every appointment and every certificate signed by a superintendent of the Gárda Síochána under this section shall contain a reference to the prohibition on the disclosure of information imposed by section 14 of this Act.

12.—Every written document which purports to be a schedule, form, instruction, or other document prepared and issued under this Act shall, if and when presented to any person or left at any place by an officer of statistics, be presumed until the contrary is proved to have been duly prepared and issued under this Act and to have been lawfully supplied to such officer.

13.—(1) No individual schedule, form, or other document filled in or otherwise completed by any person in pursuance of any requisition made under this Act and no part of any such document and no verbal information or answer given relating to any individual person, business or concern 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.

(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 officer of statistics so arranged as to enable any person to identify such 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 record or other document in the custody or charge of an officer of the 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 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 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 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 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 conferred on him by this Act or any verbal information or answer given relating to any individual person, business or concern.

(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 record or document as aforesaid or any verbal information or answer given relating to any individual person, business or concern in contravention of this section 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.

15.—Every officer of statistics who 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 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.

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 and periodicity of the statistics to be collected under this Act, and the time at or the occasion on which the same are to be collected;

( b ) prescribe, subject to the provisions of this section, the persons or classes of persons by whom returns are to be made or information is to be given for the purpose of any statistics collected under this Act;

( c ) make regulations for the collection, compilation, abstraction, or publication of statistics generally or any particular class or classes of statistics under this Act;

( d ) prescribe the schedules, forms, instructions and other 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 in this Act as prescribed or to be prescribed by regulations 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 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 or unnecessary to obtain returns from all persons or every member of a class of persons, or from the whole of Saorstát Eireann or the whole of any particular part of Saorstát Eireann, the Minister may require the returns to be made or the information to be supplied by particular persons or particular classes of persons or in respect of a particular area or areas selected by the Minister as being sufficient for the purpose in view.

17.—Any order made under sub-section (1) of section 16 of this Act shall be laid as soon as may be on the Table of both Houses of the Oireachtas.

18.—(1) The provisions of this Act shall be in addition to and not in substitution for any power of collecting, compiling, abstracting, or publishing statistics now vested by law (otherwise than by virtue of an Act repealed by this Act) in any Minister or in 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 thence-forward be exercised by the Minister under and in accordance with this Act.

(2) Until 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 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 Minister.

19.—Nothing in this Act shall be construed to require any person to give information in relation to a matter as to which his knowledge was acquired in circumstances that would entitle him to decline to give such information in a civil proceeding in a Court of Law on the ground of privilege or to require any bank or corporation carrying on the business of banking or any official thereof to furnish any particulars which would enable any person to identify such particulars as 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.

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

21.—The Census of Production Acts, 1906 and 1917, are hereby repealed.

22.—This Act may be cited as the Statistics Act, 1926 .