Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

The Taoiseach went on to state that "ancient laws passed by foreign Parliaments in the name of the British monarchy have no place in our modern democracy". This was surely a trumpet call to the nation and one could hardly read on. I believed, from the way it was written and the enthusiasm of the language used that without our knowledge, in its negotiations and contacts with the British Government, the Fianna Fáil Party had at long last negotiated a British withdrawal from the remainder of this island they have yet to leave and that the Act of Union, to which I referred, had at last been repealed in toto. Alas no, the article was about this legislation over which the Minister of State is presiding.

I hope Deputies will remember that while scrapping redundant pre-1922 legislation in this State is welcome, as I noted earlier, part of our country is still within the jurisdiction of the same foreign monarchy referred to in the Fianna Fáil newspaper, as was the whole island before 1922. Contrary to myth, this is not simply symbolic. It is important to point out that citizens under British jurisdiction do not have the protection of a written constitution. The arbitrary power of the monarch has devolved not to Parliament but to the Queen's ministers, and the British Government can supersede Parliament by means of orders in council. The Minister of State and the Members present need no reminder that it has done so many times in respect of Ireland. While there are amusing aspects to this Bill, I must state that as a Border resident and an Irish republican, it has serious aspects.

The last legislation contained in the Schedule is the Treaties of Washington Act 1922. I was curious about it and asked a colleague to research its origins. In the light of events, some as recent as yesterday, it makes for interesting and tragic reading. The Washington treaties were signed in the wake of the First World War by the British Empire, as it was probably then described, France, Italy and Japan. The treaties regulated naval warfare and the treatment of neutral countries and banned the use of poisonous gas and chemicals. As with many such treaties signed by imperial powers, they were broken before the ink was dry on the paper. In 1922, while the British Government fomented civil war here in Ireland with the Black and Tans, it waged wars of terror on subject peoples in Asia. I refer specifically to Mesopotamia which, broadly speaking, corresponds to modern Iraq.

Imperial powers are again aping the situation that then applied and Iraq today is suffering the disastrous consequences of the approach employed. This in no way gives any credence or merit to either Saddam Hussein or the regime he imposed on his people. I reject them both. However, it is appropriate to take this opportunity to join other Members in expressing my concern for Rory Carroll and my solidarity with his family at this distressful time. I hope that the next breaking news bulletins will feature Rory Carroll's safe and early release by his captors. That is the wish of all Members.

This Bill is a small step towards tidying up the Statute Book. The Government has spoken of codifying laws, but our laws are far from being codified. I believe this point was made earlier by another Deputy. They are not easily accessible and, like most of the justice system, they are a closed book to most citizens. In recent days, we have seen examples of how some of the legal profession's elite have abused their position of privilege and, allegedly, are allowed to double-charge citizens who were victims of abuse. This is a dreadful practice. Fortunately, the issue has been adequately addressed by now and I hope it will be redressed speedily.

This practice and protected profession is another legacy of our oppressed past with which we must grapple and dispense. While we are getting rid of laws dating from the 18th century and much earlier, it is long past the time to get rid of the 18th century hangovers that still haunt our courts and their practices. No case exists to defend the continued use of the gown and wig approach which gives the sense that the law is above the people. It puts it on a different plane. The law must be and is of the people. It is made and passed by Members, acting as parliamentarians and legislators, who are representative of the people. It is time to hang up the surviving trappings and put them away in mothball boxes. Civil law should exist to serve the citizenry and the State. A recent report published by the Free Legal Aid Centres in July stated:

This FLAC report demonstrates that after 25 years of State legal aid, the scheme has failed to achieve its stated goals. Despite the ongoing commitment and dedication of staff and board members, it neither provides the necessary service nor ensures that it is delivered to all those entitled to it.

Excluding a specialised service provided by the Refugee Legal Service, the Legal Aid Board employs a total of 89 solicitors to deliver the entire civil legal aid scheme in 30 law centres throughout Ireland. This is less than the number employed in some large legal firms in Dublin. Small wonder then that waiting lists for civil legal aid in many centres have been extremely lengthy, leaving people without any legal assistance for as long as two years in some locations.

This is a very disturbing statement and we cannot divorce that reflection on the reality of today from the purpose and intent of this particular Bill. We must examine legislation since 1922, the codifying of our laws, how complicated access is for citizens and how the least well off in our society can properly avail of equal access and equal rights within and before the law.

While I acknowledge that we have come a long way in terms of human and civil rights since the laws to be repealed by this Bill were first enacted, the statement from FLAC only underscores the fact that we still have a long way to go.

Fianna Fáil's The Nation is very entertaining reading and I look forward to edition number three. I am happy to report that I will support the Bill.

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