Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I welcome the Bill, recognising that it is a necessary item of legislative housekeeping. I do not intend to keep the House long. The Bill is chiefly of interest to legal historians and family historians, given the nature of some of the Acts dealing with the naturalisation of individuals and the disposal of private estates. It is an interesting perusal but I would not call it a read. One's attention is grabbed by a number of entries on the long lists, which go back to 1534. A large number of them deal with land ownership and inheritance. There is also much to do with seizure, reminding us of the long history of upheaval, plantation and confiscation, particularly in my province of Ulster. No. 9 of George II refers to places I know very well, Emyvale and Glasslough in County Monaghan and the sale of lands by Robert Leslie. The Leslie family still has an estate in Glaslough and the family members are valued members of our community. Less fondly remembered is Sir Charles Coote, the English general who was responsible for fearful massacres of the Irish in the 1640s. The Cootes gave their name to Cootehill, County Cavan and one of the Acts to be repealed, No. 11 of George II, relates to a descendant of Charles Coote, also called Charles Coote.

I have a specific question about five of the Acts to be repealed, namely the Ulster Canal acts of 1825, 1828, 1829, 1831 and 1836. The call for the full restoration of the Ulster Canal has long been an important issue and one with great potential for the economy of south Ulster and the island as a whole in terms of indigenous inland waterway traffic and the attraction the connection between Loch Neagh and the Shannon system represents for boating enthusiasts throughout Europe. I repeatedly raise this matter and I have no hesitation in doing so again. I am happy to record that this is a flagship project arising from the goodwill, hope and expectation generated by the negotiation of the Good Friday Agreement. I recently attended a meeting organised by the Blackwater partnership in Caledon, County Tyrone, attended and addressed by a cross spectrum of politicians north of the Border. Representatives from all parties in this House elected in the neighbouring constituencies south of the Border attended. There is unanimity on the importance of moving ahead with this project. We must fully realise the potential of tourism and the unique features of Ireland that attract visitors to our shores.

The Schedule to the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act of 1998 defines the Minister's responsibilities with regard to canals and refers to the Ulster Canal Act 1825.

I cite from the schedule of the 1998 Act, which states:

So much of the canal called "The Ulster Canal" referred to in section 2 of the Act (6 Geo. IV. c. cxciii) passed in the year 1825 and entitled "an Act for making and maintaining a navigable Canal from Lough Erne in the County of Fermanagh, to the River Blackwater, near the Village of Charlemont in the County of Armagh", as is within the State and in existence at any time before the commencement of this Act.

To cut to the chase, what is the effect of the repeal of the 1825 Act and the Acts of 1828, 1829, 1831 and 1836 which I already mentioned? Perhaps there is none. If that is the case I would very much appreciate an assurance in that regard. The definition of the Ulster Canal remains as the 1998 Act is still in force, but my sole concern is whether the repeal of the 1825 Act has any implications for the status of the existing trough of the Ulster Canal as we have known it or the restoration of the canal. Have all the legal aspects of that been checked to ensure we are on safe ground?

The Acts to which I refer are included in Schedule 2 of the Statute Law Revision Bill 2009. The explanatory memorandum circulated with the Bill states, "The remaining 1,351 Acts have been assessed as suitable for repeal on the basis that they are spent or obsolete". Will the Minister of State assure me that the five Acts relevant to the early days of the Ulster Canal are, as the memorandum describes, spent or obsolete?

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