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Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: In section 18(1), the words the Seanad amendment deleted add nothing to the text. If an Act refers to another time zone, this will be clear from the context of the reference. This provision will not apply by virtue of section 4 of the Bill.

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: To clarify, it simply allows for possible changes decided by the House, bearing in mind that we are simply talking about the layout of legislation. I understand all legislation is included, including primary legislation and statutory instruments. It is to allow any changes in respect of shoulder notes and marginal notes.

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: In our system, shoulder notes are not part of legislation.

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: As is the case with many of the other amendments, this is a drafting change to improve clarity. It is to ensure the provision is interpreted in such a way that the words "except in so far as the contrary intention appears in" relate to what is now provided for in paragraphs (a) and (b) and not just paragraph (a).

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: This is a technical drafting amendment. The use of the indefinite article rather than the definite article is more appropriate in the context of subsection (3).

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: Seanad amendments Nos. 30 and 31 are minor technical amendments.

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: This is also a very minor technical amendment.

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: Seanad amendments Nos. 33 to 36, inclusive, are minor technical amendments to section 26.

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: This amendment is to prevent section 26(2)(c) being interpreted in a manner that would result in interference with the judicial process, in other words, when a provision is repealed and re-enacted, with the modification that section 26(2)(c) cannot be used to override section 27(1), and enable the modification to be used to affect any case already before a court when the modification became...

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: My advice is that it is to prevent the Oireachtas from interfering with a case before the courts.

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: We must respect the independence of the courts in this matter and ensure the Dáil does not interfere with them. I understand the Deputy's point.

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: This is a technical amendment to improve the clarity of section 26(2)(d).

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: This is a technical amendment to improve the clarity of section 26(2)(e). It substitutes "express" for "appear to have expressed". This reflects the greater use of the present tense, which is appropriate in this case. The word "but" is inserted after "form of words" to improve clarity and the reference to "ideas" has been made singular to reflect the first reference to the word "idea" in the...

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: On Committee Stage in the Seanad I did not deal with section 28 of the Bill as passed by this House. Acts of the European Communities and European Union, normally directives and regulations but also the Treaty of the European Community, are often referred to in Acts of the Oireachtas and statutory instruments. From time to time, these regulations and directives are revoked and made again with...

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: Some of this is very technical. An example supplied by my officials concerned a directive on trout. If there was secondary legislation for this matter and Brussels decided to introduce a new directive on trout and salmon, new legislation would be necessary. It would be difficult to connect the two. We were trying to connect one directive with another but I was told that it is safer in such a...

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: This kind of effort to connect one piece of legislation with another would work in primary legislation. However, in terms of secondary legislation, the advice is that it is best to deal with issues on a case by case basis rather than provide generally for them in the Interpretation Bill. It is a matter of using language in our statute law which may be re-used. That is the background to this...

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: This is a technical amendment which deletes an obsolete definition of Valuation Acts and inserts the appropriate reference to the Valuation Act 2001.

Interpretation Bill 2000: From the Seanad (5 Oct 2005)

Tom Kitt: The additional words inserted by the Seanad are in the definition of "year" in the Interpretation Act 1937. They were not carried over into the Bill because a general provision was included in section 4 of the Bill providing that the proposed Act would apply except in so far as the contrary intention appears. However, the words when used without qualification in the definition of "year" in...

Written Answers — Motor Fuels: Motor Fuels (5 Oct 2005)

Tom Kitt: Average price per litre. June 1997 August 2005* IR£ â'¬ â'¬ Unleaded Petrol 0.621 0.789 1.076 Autodiesel 0.573 0.728 1.057 * Provisional.

Civil Justice Programme: Motion. (6 Oct 2005)

Tom Kitt: I move: That Dáil Éireann approves, in accordance with Article 29.4.6° of Bunreacht na hÉireann, the exercise by the State of the option, provided by Article 3 of the fourth Protocol set out in the Treaty of Amsterdam, to notify the President of the Council of the European Union that it wishes to take part in the adoption and application of the following proposed measure: proposal for a...

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