Results 2,401-2,420 of 4,717 for speaker:Martin Mansergh

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...

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

Martin Mansergh: I have two quick points to make. On Senator Mooney's issue, EdwardBunting's Ancient Irish Airs was published in the early 1790s and the legislation the Senator alluded to may have a reference to it. However, retaining the Courts Act 1476 seems to me to be entirely in keeping with certain traditions of our Judiciary which go back unbroken to the ancien régime, however defined....

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

Martin Mansergh: They are still relevant.

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

Martin Mansergh: I do not think this is the first such Bill the House has dealt with.

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

Martin Mansergh: We have considered a couple at least.

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

Martin Mansergh: On a point of information, at what stage in the debate will we discuss the particular statutes?

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

Martin Mansergh: My understanding of the history is that the Free State Constitution was enacted both in Westminster and Dáil Éireann. The point is that technically we only became independent in the full sovereign sense on 6 December 1922, although there are qualifications about this also, whereas the British Act would have been passed before that date, and, therefore would have had force in this...

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

Martin Mansergh: With respect to Senator Brian Hayes, we are only repealing it as it has force in this jurisdiction. For all I know, it may still be on the British Statute Book. It is not within our power to repeal that.

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

Martin Mansergh: This is the sort of discussion he loves.

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

Martin Mansergh: Where does the Bill refer to unpublished Acts?

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

Martin Mansergh: By way of clarification, at a certain stage in parliamentary history, divorce proceedings happened by way of a private Bill in Parliament. I think it more than likely, except where notorious persons were concerned, whose identity might be published in the tabloids of the day——

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

Martin Mansergh: ——that these would not have been published. It raises the interesting question of whether, if one repeals, say, a private divorce Bill from 1830 to 1834, one would have any effect on the subsequent succession.

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

Martin Mansergh: Divorce was ended by Cumann na nGaedheal in the 1920s, long before 1937.

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

Martin Mansergh: I support the approach taken by——

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

Martin Mansergh: These are my arms.

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.