Dáil debates

Wednesday, 28 February 2007

Statute Law Revision Bill 2007 [Seanad]: Second Stage

 

12:00 pm

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)

I welcome the opportunity to speak on the Bill. Much of this legislation predates even the Minister of State. I stayed up all night going through the Bill and considering the legislation that had been passed before 1922. When I first came to this House, little did I expect to speak about Her Majesty's Treasurer, Henry VIII, Henry V, King Edward, King John and many others.

The Fine Gael Party supports the Statute Law Revision Bill and other initiatives of this kind. An extraordinary number of Acts that predate the establishment of the State still have legal effect here. The size of the Schedules to the Bill is testament to that fact. The Minister of State outlined his admiration for the researchers, with which I concur. I put on the record my support and admiration for the officials and staff of the Office of the Attorney General who have dedicated themselves to this initiative over several years.

Among the Acts listed in the Bill are the Site for Schoolrooms Act 1836, the Chimney Sweepers and Chimneys Regulation Act 1840, the Portumna Bridge 1858 Act — providing for the abolition of tolls and its maintenance — the Margarine Act 1887 and the Lunacy Act 1891. Seeing mention of the Lunacy Act made me think we should bring it back into this House and update it because there has been a lot of that happening over many years.

On reading the Bill, I was astounded that 26,370 Acts had entered into force prior to the establishment of the State. We should be moving towards a situation where all the statutes in force in the Republic of Ireland have been enacted since 1922. I can imagine the people involved in drafting these Bills in smoky rooms with bad light. What we are discussing is really historical.

Several important statutes, particularly from the 19th century, should be re-enacted and revised for modern consumption, including the Petty Sessions (Ireland) Act 1851 and the General Prisons (Ireland) Act 1877. In excess of 1,000 statutes will remain in force and have not been included on the list. The volume of statutes that have been adjudged necessary for retention is extraordinary. Hundreds of pre-1922 statutes from the Dublin Fair Act 1252 to the Constabulary and Police (Ireland) Act 1919 have been deemed to be worthy or necessary of retention and not repeal. What could possibly be contained in these Acts that is not in legislation enacted since 1922?

I am particularly surprised at the retention of Acts that pertain to areas that have recently undergone considerable revision in this House. For example, I note that the Bill does not repeal the following Acts concerning road traffic legislation: the Kinsale Act 1819; the Howth and Holyhead Harbours Act 1823; Kingstown Township (Transfer of Harbour Roads) Act 1898; and the Roads Act 1920. I do not expect the Minister of State or his officials to know all these off by heart.

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