Martin Mansergh (Fianna Fail)

I welcome the Minister of State at the Department of the Taoiseach, Deputy Tom Kitt, and his officials. Senator Norris took us back to his favourite period, Edwardian Dublin. Dr. James Deeney also deserves credit for the eradication of TB, which he wrote about in his memoirs.

The Bill has a practical purpose, a clearing out of the attic. However, that type of exercise is carried out sporadically with some zeal and then left for long intervening periods. Senator Norris is correct that the Code Napoleon is a model for all legislators. However, Napoleon was assisted by the French Revolution that had reduced the customs of the ancien régime to rubble, allowing him and his legal collaborators to build from scratch. Previous speakers are correct in that the Acts addressed by this legislation are part of our social and political history. The term "late lamented" is used when referring to somebody who has died. I note the Minister does not say the Acts of the late lamented United Kingdom of Great Britain and Ireland.

I was fascinated by the earliest of these Acts, not realising we still live under 13th century legislation. By its very name, the Statute of Winchester sounds like an important enactment. However, I looked up one of my books on medieval Ireland to assess the general political context. According to that book, inefficiency was now made worse by official corruption and there was little anyone could do about it. In 1284 it was said that all the clergy, the people and the common rumour of the country demanded an investigation into the condition of the lordship, and the king was forced to act. A commission of four was established with wide terms of reference. It appears the tribunal culture dates back several centuries.

A Franciscan friar, Michael of Limerick, wrote that one special blessing of Ireland was the absence of poisonous animals. However, he said that the poison which God denied to the spider or the land He allowed to rule in human nature. As an instance of this, he cited the ministers and bailiffs of the king. That is the political context for the Statute of Winchester.

This statute was important legislation. The period concerned covered the reign of the three Edwards, a time marked by unparalleled violence, crime and continual wars. Edward I, the "Hammer of the Scots", built large castles throughout Wales so that when a map was published at the beginning of the 17th century, Wales was marked as part of England. He did not get to grips with Ireland to the same extent.

The Statute of Winchester was dedicated to the growing crime problem. It directed sheriffs to take up hue and cry against this scourge and to keep arms and horses ready for the purpose. It is considered the foundation Act of the watch system in the towns. The night watchman could, if necessary, detain strangers until the following morning.

Only one section of this statute, I believe it is section 6, is extant. It provides that neither fairs nor markets be held in churchyards for the honour of the church. I have no wish to raise fears but I hope that by repealing this legislation, we will not now encourage fairs or markets to be held in church yards.