Results 361-380 of 11,433 for speaker:Michael Kitt

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: I am aware that Senator Hayes has raised this matter previously. I will outline the reasons for the Government's opposition to the proposal. The Office of the Attorney General has advised that an automatic lapsing provision, of the nature proposed in this amendment, would create constitutional and major administrative problems. The amendment does not deal with the interpretation and...

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: Was that when the Fianna Fáil-Labour Party Government was in office?

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: In reply to Senator Brian Hayes, I share the views of Senator Ryan on this matter. If one considers the dangers of lapsing legislation, leaving aside the views of the Attorney General on constitutional issues, the argument would fall on examining the issue from a more positive perspective. As the Senator rightly acknowledged, we are considering revision of all the legislation and getting rid...

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: When reporting this morning on our end-of-term work in the Dáil, the point was made that 22 pieces of legislation were enacted since September. As the Senator said, there is a lot of legislation going through at a much speedier pace than was the case one or two decades ago. I agree that there must be a constant renewal and review of legislation. I will certainly take on board the points made...

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: These are technical drafting amendments to clarify the language that prevents the possibility of words clarifying a substantive provision being read as the substantive provision itself, that is, paragraphs (a) and (b) relate back to the opening words of the section, not to the qualification of these words by the phrase commencing with "other than". In simple terms, they relate back to the...

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: This is a technical drafting amendment to simplify the language. In the case of the amendment to subsection (2), it aligns the language of subsection (1), which is another improvement.

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: Amendment No. 8 aligns the language to that proposed by amendment No. 6.

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: These are technical amendments that align subsequent references to Acts and statutory instruments back to the reference to any Act or statutory instrument.

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: The Government feels this is unnecessary.

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: The language is taken straight from the Law Reform Commission report to take into account changing circumstances.

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: My advice is that this is provided for in the Constitution, a point which may have been raised before when this House debated the Bill. In effect, the amendment paraphrases the Constitution. It is inappropriate to attempt to provide for something which is expressly covered by the Constitution or by the constitution of the Irish Free State. There is no need for this amendment. The Constitution...

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: I appreciate what the Senator is attempting to do but it is ultimately for the courts to interpret the Constitution, not the Oireachtas.

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: My advice is not to pursue it, Senator.

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: Yes.

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: These are technical amendments to shorten, clarify or simplify the section.

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: Government amendment No.16: In page 7, subsection (1)(a), line 29, after "Oireachtas," to delete "in".

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: This is also to shorten, clarify or simplify the section.

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: The courts examine Oireachtas debates but the danger of stipulating that they should do so is that it would make the law more imprecise. I hope that clarifies the legal position.

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: I have nothing to add. Nothing prevents the Judiciary from reading reports of the Oireachtas debates. I agree with the Senator that a great deal of sense is talked in both Houses. I am not the only Minister who believes this House has done more than its fair share of work on legislation. I agree it is important to have reports of the debates so that the courts can read them but the Senator...

Seanad: Interpretation Bill 2000: Committee Stage. (29 Jun 2005)

Michael Kitt: The section was inserted on the basis of the Law Reform Commission report and it permits the courts to take into account, for example, scientific developments and developments in social conditions and technology since legislation was enacted. That is an example of the reference to relevant matters and the courts may taken into account developments of that nature.