Results 8,041-8,060 of 11,861 for speaker:Brian Hayes

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

Brian Hayes: ——of each of the Acts referred to which produced a much more comprehensive synopsis of the Bill. I thank them sincerely for doing that and for giving the rationale why a particular Act should be retained. We either opt to repeal this legislation eventually or we introduce a new law.

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

Brian Hayes: Yes, it is the Lunacy Regulation (Ireland) 1871. We either repeal all the legislation or we do it in one new Bill which attempts to rephrase some of the more offensive references contained within the legislation.

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

Brian Hayes: The Baroness O'Rourke.

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

Brian Hayes: No, she would not.

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

Brian Hayes: Senator Ryan's question needs to be posed in a much more direct manner. Were efforts made by anyone in authority in the courts to keep this particular statute in place?

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

Brian Hayes: We are retaining it.

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

Brian Hayes: No. There have been two.

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

Brian Hayes: I hope I am not encroaching on the point just referred to by Senator Mansergh. We are giving clear and express power to put redundant legislation to one side before 6 December 2002, on two specific lists. One is a list of measures to be retained, and we are clear about that. The very last mention of a statute was the reference in the last Schedule to the 1922 Irish Free State Constitution....

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

Brian Hayes: Of course. That is the point.

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

Brian Hayes: It is worth pointing out that this lacuna has existed since the enactment of Bunreacht na hÉireann in 1938, which effectively brought to an end the 1922 Free State Constitution. The British have had this on their Statute Book since 1922. There must be similar examples. I raised the constitutional issue because it was the only Act cited in the Schedule which referred to a constitution....

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

Brian Hayes: Senator Mansergh is correct. Even under the Free State Constitution from 1922 to 1937, each divorce had to involve a petition to the Oireachtas.

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

Brian Hayes: We can be blamed for many things but not that. My understanding is that every application for divorce had to be accepted by the then President of the Executive Council. My question relates to section 2(3) in particular where reference is made to the Bill Of Rights 1688. The approach taken by the Minister and his colleagues is to put to one side and to repeal sections or parts of the Bill of...

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

Brian Hayes: Section 3(3) states: The inclusion of a statute in Schedule 2 shall not be taken as evidence that the statute, or any provision of it, was of full force and effect immediately before the passing of this Act. Does this suggest, even if it had been repealed and we were not aware of it through research, that we are providing for having got it wrong? I do not understand the reason for this...

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

Brian Hayes: Are the Government and the Minister admitting that in the Schedule we are repealing Acts that may not have had any effect in this jurisdiction?

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

Brian Hayes: They were either on the Statute Book or not.

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

Brian Hayes: I do not wish to detain the House on this matter. A great deal of credit is due to the research team in the Office of the Attorney General for this work.

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

Brian Hayes: However, when it was made known that the process of statute law revision was under way, and a green flag was raised regarding a Bill in which some organisation, group or individual took an interest, was that statute put to one side? Was it decided to deal with it on another occasion or immediately? I am interested in the process, since after any group in the State had placed a question mark...

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

Brian Hayes: And for future ease of reference, I presume.

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

Brian Hayes: We need the Interpretation Act again.

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

Brian Hayes: This section deals with evidence relating to the original statutes and, it is fair to say, many of those were lost in the fire in 1922. Could the Minister of State outline to the House how it was possible to verify the existence of these documents and statutes referred to in the various Schedules? In the section there is reference to the calendars of documents relating to various periods as...