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

Tom Kitt: On the last occasion, we only dealt with repeals. This time we are proceeding differently by way of two Schedules.

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

Tom Kitt: It is ongoing.

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

Tom Kitt: One hundred and sixty-seven Acts are being repealed by other Acts. There is obviously ongoing work taking place.

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

Tom Kitt: We are still searching.

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

Tom Kitt: I again thank Senators for their contributions in this debate. It has been marvellous for me to come to the House and it is always enjoyable.

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

Tom Kitt: With regard to the Tumultuous Rising Act 1779 and the issue of the Whiteboys, following the important debate on the matter here, I raised this matter, as was suggested, with the Tánaiste. I wrote to him with a view to ensuring that the Whiteboy Acts are repealed by way of substantive statute law reform.

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

Tom Kitt: With regard to the Courts Act, I accept the point made about lords wearing their robes in parliament. The Act compels lords to wear their robes in parliament and judges and barons to wear their habits and coifs in term time. It provides a statutory basis for the wearing of gowns by the Judiciary and it is therefore not suitable for repeal. While we might not like some of these statutes, my...

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

Tom Kitt: The issues which were raised are important. It is a matter for us perhaps to change in the future.

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

Tom Kitt: The Irish Music Fund Act deals with the Irish music fund set up in 1787 to support infirm musicians. Through the subscriptions and the profits made therefrom, a capital stock of £1,000 was lodged into the hands of the treasurer. The Act states that all the subscribers to this fund are to be a body corporate and politic and they will have perpetual succession and a common seal. The Act...

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

Tom Kitt: To answer the Senator's question, it is new and innovative. It was generally welcomed here on the last occasion. I asked my officials to study the various pieces of legislation that were mentioned by Members and we have explained in the circulated list why some measures were retained and others repealed. I hope the list will be of some help to Members.

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

Tom Kitt: I brought the last such Bill through the House. The process is innovative in that sense.

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

Tom Kitt: On the Schedule.

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

Tom Kitt: I thank Senator Mansergh for his clarification. The 1922 Act bringing into force the Free State Constitution is a matter of UK law. This Act is obsolete following the enactment of the 1937 Constitution, which also repealed the Irish Act that enacted the Free State Constitution. Therefore, the Act is suitable for repeal. We can deal with these matters towards the end of the debate.

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

Tom Kitt: I understand they were passed by the Parliament but not sent to the royal publisher at the time. I will provide Members with some interesting facts in this regard. The volume of old legislation is so great that the only way to approach the question of statute law revision is to proceed in stages. We have already dealt with some of the legislation in an earlier stage of our discussions....

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

Tom Kitt: I will have to find that figure for the Senator.

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

Tom Kitt: We do not know how many such Acts were unpublished. Much work has been done. Senator Ryan rightly referred to those who have undertaken commendable research on the legislation.

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

Tom Kitt: Senators have touched on the relevant reasons for doing what we are doing. Subsection (3) has the effect of repealing a part of the Bill of Rights 1688. This is the only partial appeal contained in the Bill. It arises because some provisions of the Bill of Rights may be of continuing legal relevance and, therefore, the entire Bill cannot be repealed. However, as certain elements of the...

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

Tom Kitt: The Act is not suitable for repeal at this time, primarily because it may be relevant to the law regarding parliamentary privilege. Therefore, it has a relevance in that sense.

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

Tom Kitt: Perhaps I might take Senators through this section and try to clear up this matter. Section 3(1) provides for the setting out in Schedule 2 of those statutes specifically repealed by the Bill. Some 3,188 statutes listed in the Bill for appeal have been found to be unnecessary or to have ceased to be in force. That list does not include those Acts that clearly never applied to Ireland. The...

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

Tom Kitt: In dealing with this legislation, we aimed at certainty with the white list and Schedules 1 and 2. There clearly will be various Acts that we will miss in such a situation, and if they are lost, they are gone. However, I remind Members that we will be conducting further work on this ongoing process.

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