Results 2,301-2,320 of 4,717 for speaker:Martin Mansergh

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: The proposal is appropriate for more than one reason. It is obviously correct that sectarian aspects of fundamental constitutional legislation be repealed. Senator Brian Hayes said the Bill of Rights relates to one tradition. It does mainly, but not exclusively. We would do well to compare notes with our American cousins in this regard. Both of us fought and won struggles for...

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: To the best of my knowledge Magna Carta and the Bill of Rights are special. There is a kind of constitutional shrine in the Library of Congress which goes back to Magna Carta. Obviously, the highlights of this shrine are the Declaration of Independence and the American Constitution. The Bill of Rights should be treated in an entirely different manner to the other pieces of legislation under...

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: We are repealing that as far as I know.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: There is an accepted legal term, "desuetude", which means that something has fallen out of use. Many of these Acts of Parliament clearly have no relevance at the present time and have long since ceased to be enforced. I suspect the saving clause makes in section 3(3) makes sense in that it does not assume that Acts repealed are in full force or in any force whatsoever.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: Surely it is when courts cease to enforce them.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: As I suppose occasionally happens even today, there were probably some Acts that were never enforced, even from the outset.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: Hear, hear.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: I agree with Senator Ryan, but until quite recently the question of bills of rights was raised in this jurisdiction and Northern Ireland. I suppose the Bill refers to 1688 to distinguish it from bills of rights that we may establish in future.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: It may be Spanish or Italian.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: This is the Magna Carta of Edward I, whereas, as we know, the Magna Carta of history was that of King John in 1215.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: We should not underestimate Victorian legal, archival and historical scholarship.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: If one goes next door to the National Library one will see shelf after shelf of these calendars of documents which were carefully copied out and edited. If one had the originals, they would be on a practically illegible scroll at this stage and probably in another language or interpreted. Sometimes the calendars of documents are written in the original Latin, but probably in a kind of...

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: The former leader of Senator Hayes's party, Dr. Garret FitzGerald, as Taoiseach, took personal charge of introducing national archives legislation. I happen to know this owing to certain issues in which I was involved in 1992-93 to do with whether any reference to discussions at Cabinet, even if they were about the Cork Milk Marketing Board, were allowed or disallowed as a result of the...

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: I assume if one were repealing the Statutes of Kilkenny of 1366, which we probably have done already, and there were two or three versions, the repeal would be deemed to apply to all of them and not just one.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: I would have thought this is not a project to concern us, particularly if Acts of the English Parliament are in question. There is a dictionary of parliament which goes back to about 1385 which has short biographies of every member of parliament since that date. It is possible they intend to digitise their legislation but much of this is peripheral from our point of view. We already have...

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: Chains, charters and emblems.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: This is obviously something that did not occur to us when we were dealing with the constitutional parts of the Good Friday Agreement. Part of that agreement necessitated the repeal of the Government of Ireland Act 1920 by the UK Parliament but, I am afraid, it did not occur to me, nor to the Attorney General, that the Act still subsisted in some way on our Statute Book. It is almost...

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: In terms of providing clarity to judges it is important everything be stated explicitly, particularly when one is referring to Victorian legislation that has real relevance in many cases, for example, the Offences Against the Person Act 1861. Judges must be clear as to what statutes are still in force.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: On the laudable ambition to replace Acts, particularly Victorian legislation, there is probably an enormous legislative task involved if one is to re-enact the provisions required and modernise legislation that is still in force. I very much doubt that it could be done in half a year, a year or two years. Some of this will take considerable time.

Seanad: Statute Law Revision Bill 2007: Committee Stage (14 Feb 2007)

Martin Mansergh: I have a point on what I said during Second Stage, during which I questioned the appropriateness of retaining anti-Whiteboy legislation on the Statute Book. This particularly related to the counties of Cork and Tipperary. I am very grateful that the Office of the Attorney General has since written to the Minister for Justice, Equality and Law Reform passing on the views on the House on this...