Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I thank the Acting Chairman, Deputy Durkan, for the opportunity to speak on the Statute Law Revision Bill 2015. I welcome this debate as I see it as part of the reform agenda. I will support anything to do with genuine reform and change, as Irish politics needs an urgent shot in the arm. Fresh, new and radical thinking is urgently needed in a rapidly changing world. However, we need to get on with this reform and this Bill is part of that process.

The Statute Law Revision Bill 2015 continues the recent process of cleaning up the Statute Book. It also revokes legislation which no longer has purpose or relevance in the modern Irish legal system. Again, this is part of the reform agenda. Specifically, the Bill addresses secondary instruments and provides a comprehensive list of secondary instruments from the period covered which continue to have force after the passing of the Bill. This Bill will also revoke all remaining obsolete secondary instruments passed prior to 1821.

The Bill deals specifically with 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 from 1801 to 1820; and United Kingdom instruments from 1801 to 1820. It involves a lot detail and covers a lot of legislation and a lot of history and it is important we reflect on these issues in this debate.

When one zooms in on the sections dealing with period from 1661 to 1820, very interesting issues arise - for example, the varied instruments regarding the status of Catholics, including a 1661 proclamation "requiring innocent Catholics to put in their claims to be restored to their lands", a proclamation "suppressing unlawful assemblies of Catholics and dissenters" and a proclamation "declaring the King's Letter permitting Roman Catholics to live and trade in towns". There are also instruments relating to expulsion of priests, suppression of institutions, surrender of arms and limitations on travel and where to live. That gives one an indication of what was going on historically in the country. When one looks at this now in the cold light of day, one thinks of the discrimination and second-class citizenship that existed in our State. That is why we have to be conscious when talking about building a modern new Ireland and a new Republic of these times when Catholics were discriminated against and treated as second-class citizens. In the current debate on marriage equality, we should reflect on that argument as well. If one believes in a modern inclusive Ireland and a democratic Republic, one must ensure that all citizens are treated equally and marriage equality is part of that agenda and it is important we say so. If we do not learn from history, from where do we learn?

The Minister of State, Deputy Harris, will like the following. There are numerous instruments regarding the collection and payment of customs, excise and taxes, along with regulation of imports. These include instruments providing certain exemptions. One such example from 1778 is a proclamation promising a pardon to persons guilty of customs offences who voluntarily joined the Royal Navy - in other words, if a person dodged his taxes but joined the Royal Navy, went off to war to kill somebody or die for somebody, he would get a tax amnesty. That is the kind of thing we are learning. I hope the Minister of State is not getting any ideas for those who do not pay their taxes or maybe people protesting about the water charges.

I note the reference to the Royal Navy and the emphasis on militarisation. It is also relevant to the protest yesterday by my colleague, Deputy Clare Daly, in that international peace activists must be respected and given maximum support because they are doing us a great service. If it happened in 1778, there might have been a different reaction from the so-called forces of law and order. When dealing with this legislation, it is important to be conscious of militarisation at the time. There are numerous instruments relating to the armed forces and conflicts, some of which are diplomatic and militaristic, both national and international, which are important.

Another interesting instrument is that in 1678 a proclamation ordered "that taverns, tippling houses and tobacco shops be removed from the vaults and cellars of Christ Church Cathedral, Dublin". Even in 1678, the poor smokers were getting a hard time.

In December 1757, a proclamation was published in the Dublin Gazette"from the Lord Mayor providing that the peace and good order of the city be preserved during the Christmas holidays." I hope people are listening to that today as it is relevant to the anti-social behaviour debate in this country.

In the Bill there are sections highlighting the oatmeal and potatoes order of 1817, which was introduced during the economic depression following the Napoleonic Wars to ease price inflation. Anyone not in the lower classes was ordered to desist from eating them or feeding them to horses, especially horses for pleasure. That was in 1817. Again, this was a reflection of the time and the attitude towards poorer and more vulnerable sections of society.

The bottom line is that overall this legislation is important. I gather from the Minister of State that the good news, from a financial point of view, is that there are no extra Exchequer costs. In fact, certain implications could produce savings in legal and business costs overall, and that is positive. I know that as a numbers-and-figures man the Minister of State will be delighted with that. I welcome the broader debate and the fact that we are trying to deal with this issue. We are cleaning up the Statute Book and that is a positive development.

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