Dáil debates

Thursday, 23 April 2015

Statute Law Revision Bill 2015: Second Stage

 

11:00 am

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail) | Oireachtas source

I welcome the introduction of the Statute Law Revision Bill 2015. I commend the staff who worked on the Bill because, undoubtedly, much research is involved in going back through the Statute Book and assessing what needs to be included and what needs to be revoked. It is a fine piece of work which will be welcomed by many who have to work with the Statute Book on a daily basis.

The purpose of the Bill is to clarify and simplify the Irish Statute Book and it will make it easier for people to locate statutes and ascertain relevant laws. It follows on from the recent Statute Law Revision Acts 2005 to 2012, which have already repealed thousands of obsolete pre-1922 laws and statutes. Statute law revision was a stated aim of the programme for Government and it is good to see that work is continuing in this regard.

This Bill achieves its aim by revoking statutory instruments passed prior to 1821 and which no longer have a purpose or relevance in our modern legal system. It includes a total of 5,708 instruments that have been identified as suitable for revocation. It provides a comprehensive list of those statutory instruments in Schedule 1 which were passed prior to 1821 and which will continue to have force after this Bill has been passed by the Houses. There are some 40 instruments which have been identified as requiring to be retained.

It amends the Statutory Instruments Act 1947 to remove an exemption from publication of a number of statutory instruments or classes of statutory instrument. Overall, the Bill deals with statutes from May 1660 to November 1820 and includes instruments from the following legislative sources: Irish instruments from 1169 to 1800; instruments of England from 1066 to 1707; instruments of Great Britain from 1707 to 1800; instruments of the British Government in Ireland 1801-1820; and United Kingdom instruments 1801-1820. The Bill should have a minimal impact on our legislation but it will no doubt have a welcome impact on those who actually work in the profession and citizens generally who seek to understand and navigate Irish law.

Some of the instruments being revoked by the Bill give a flavour of our history. They include declarations of war, to which the Minister of State referred, against Denmark in 1666 and against France in 1744 and a proclamation of 1817 reserving oatmeal and potatoes for consumption by the lower orders of people.

Another example is a proclamation of 1661 prohibiting drunkenness, cursing, swearing and profaning on the Lord's day - it is not so bad if it happens during the rest of the week. A proclamation of 1676 concerns the hearing of claims of persons transplanted to Connacht and County Clare. A proclamation of 1665 appoints the first Wednesday of every month as a day of fasting and humiliation on account of the bubonic plague in London. A number of instruments impose restrictions on Catholics. For example, a proclamation of 1679 promises a reward for the apprehension of any Popish dignitary or Jesuit. There is an order of the same date for the suppression of mass houses. There is much there and one would glean much from our history by looking in detail at many of the statutory instruments being revoked by this Bill.

Our party will support this Bill as it proceeds through the House. Again, I offer our commendations and recognition to the staff who have worked diligently in bringing this Bill to fruition in the Dáil today.

Comments

No comments

Log in or join to post a public comment.