Dáil debates

Thursday, 23 March 2006

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages.

 

1:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

The Interpretation Act 2005 has since come into force and repeals the 1937 Act. The Parliamentary Counsel advises that it is unnecessary to make provision in this Bill for the inclusion of the word "affirmation". Section 21(1) of the 2005 Act states:

In an enactment, a word or expression to which a particular meaning, construction or effect is assigned by Part 1 of the Schedule has the meaning, construction or effect so assigned to it.

Part 1 of the Schedule defines "oath" as follows:

"oath", in the case of a person for the time being allowed by law to affirm or declare instead of swearing, includes affirmation or declaration.

It is therefore unnecessary to include the word "affirmation" in the Bill. That is really the same issue to which the Deputy referred.

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