Brian Hayes (Dublin South West, Fine Gael)

Thank you, a Cheann Comhairle.

Each of the 22,886 Acts within the scope of the Bill was assessed individually. This assessment determined, first, whether an Act was deemed applicable to Ireland. A broad interpretation of applicability to Ireland was used and this included Acts with a tangible connection to Ireland. In taking this cautious approach – one does not want existing rights to be affected by getting rid of an Act - some Acts might not appear relevant to Ireland on a cursory reading of the Short Title or subject matter alone. However, following examination, these Acts are deemed to be applicable as they contain provisions directly relating to Ireland. For example, certain Acts apply to Irish ships, or refer to all ports in the United Kingdom, or they contain a provision which allows the Act to be enforced in the Irish courts of the time. In particular, naturalisation Acts relate to the legal status of persons born outside the United Kingdom and provide that they are to be deemed natural born citizens. These naturalisation Acts automatically apply to Ireland, being a part of the United Kingdom at the time of the passing of the Acts in question.

Acts that were deemed to apply to Ireland and had not been previously repealed were then assessed to determine whether they were suitable for repeal or whether their provisions warranted retention. The statute law revision project also took a cautious approach in deciding whether an Act was suitable for repeal. The local and personal and private Acts are, therefore, only listed for repeal where they are wholly obsolete or spent. If it became apparent during the course of the assessment of an Act that any of its provisions might have some ongoing relevance or effect, the Act is being retained for the moment.

The decision to repeal or retain an Act was taken in conjunction with a process of consultation. For all Acts listed in the Bill, the statute law revision project engaged in consultation with relevant Departments and local authorities. Relevant semi-State bodies and other parties were also consulted on certain individual Acts. The draft Schedules were also placed on the website of the Office of the Attorney General, as well as the complete list of the subject matters and Short Titles, if any, of all pre-independence local and personal and private Acts.

While a large proportion of the Acts mentioned in the Bill appear to relate to specific localities or particular organisations, when viewed collectively, they can provide an interesting historical snapshot of the Ireland of the time. For example, the years from 1851 to 1922 saw the expansion of the railways across the country. During that period various railway companies were established for the purpose of the construction of numerous lines in a piecemeal fashion. It is also no surprise that as an island nation and as a direct consequence of the increase in the frequency of shipping and trade at the time, a large proportion of the Acts refer to the improvement of ports and harbours. However, amidst the progress made in the spheres of transport and industry, it is notable that this period also saw the establishment of the Dublin Science and Art Museum in 1877, more commonly known today as the National Museum of Ireland. Another Act of note from 1877 governs St. Stephen's Green in Dublin and authorises Sir Arthur Guinness to construct paths, roads and fountains to create public and ornamental pleasure grounds for the general public. Thereafter, the new public park was transferred to the Commissioners of Public Works to be managed and maintained for the recreation and pleasure of the public.

In addition, the Statute Law Revision Bill 2012 repeals approximately 250 Acts which provide for specific divorces which date from a time when an Act of Parliament was the only way in which to gain a divorce. This was a practice that continued in the Free State Parliament until the 1930s where each divorce required a decree of government. Approximately 70 Irish divorce Acts passed through Parliament between 1857 and 1922, the majority of which were passed in the two decades prior to independence.

The last Irish divorce Act to pass through Parliament was Morton's Divorce Act 1922, which received the royal assent on 31 May 1922, just a few months before the statutory divorce jurisdiction went into abeyance on Irish independence.

I will not go through each section of the Bill as it is self-explanatory, setting out the Bills to be removed and those which remain. They are set out in the Schedules and we can consider them if Members wish. Having regard to the volume of legislation involved and the careful analysis given to each Act, it is clear this Bill is the culmination of significant work for those involved. I have acknowledged and thanked those involved on Second Stage in the Seanad but they certainly warrant mention again here today.

This House is indebted to the work done behind the scenes over the past several years to bring this Bill to fruition. I wish to thank the researchers and management of the statute law revision project as well as Parliamentary Counsel and the staff of the Office of the Attorney General for their dedicated work on this Bill. However, this Bill would not have been possible without the assistance of a number of external sources. First, I acknowledge the indispensable assistance provided to the State by the Parliamentary Archives of the House of Lords and House of Commons, Westminster. For a number of years Parliamentary Archives have kindly lent the statute law revision project various texts of Acts which are not available in any form in Ireland. We are grateful for such co-operation. In addition, project members travelled to the archives last year to view specific texts on-site and were provided with every assistance by the staff of the archives. I extend my sincere appreciation to the Parliamentary Archives and the staff and acknowledge that without their generous and public-spirited assistance and co-operation, it would not have been possible to bring this Bill forward.

The project staff also received texts of Acts and valuable assistance and co-operation from the Honorable Society of King's Inns, the Oireachtas Library and Research Service, the National Library and the National Archives, and I also wish to express my gratitude to those institutions for their support and assistance. I am sure that Members will join in expressing our gratitude for all the assistance received in bringing this extensive legislation before us for consideration and approval.

If asked in simple layman's terms about the benefit of this, it is clear. The State has an obligation to improve regulation and ensure that one's understanding of the law, including its readability, language and uses, are clear for all to see. By clearing up much of the obsolete legislation, we are codifying the Statute Book and putting it in a much more user-friendly way. Clearing up this issue makes it easier for the legal profession, its requirements and how people understand their rights under Irish law. That is significant. As Deputies are aware, the OECD has consistently highlighted the need for Ireland, as a small country, to improve its public sector with enhanced regulation. This is a very clear example of this coming about.

Colleagues may ask where we go from here. One of the issues to be addressed is the clearing of obsolete, irrelevant and outdated legislation from after 1922. The work of statute law revision will continue, as it has since 2003, and what we are doing today is with the support of the House accepting another phase of this much-needed reform. We are setting out a very clear example to other countries about the way in which we have gone about our work in this area. It has been painstaking, deliberative, and academically important work, but it also has a direct application to business, the professions and the country in general. We must ensure the public's understanding of law is made easier.

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