Tom Kitt (Dublin South, Fianna Fail)

This technical amendment is required to deal with the inclusion of a writ referred to as the "Statute of Winchester, observance in Ireland (1308)" in the Bill for repeal. This writ is a new addition to the list of Acts for repeal that have been classified traditionally as one of the pre-Union Irish statutes 1308-1800 in Part 1 of the Schedule. However, it is not entirely accurate to describe it as a statute and would have been misleading to include it therein. The Government's amendment addresses this anomaly by listing it specifically in the main text of the Bill.

The method of extension by writ was used to apply some of the important enactments of Edward I's reign to Ireland. This 1308 writ was the first example of such when the Statute of Winchester was sent for observance in Ireland. The Statute of Winchester itself, an English statute, dates back to 1285. It is one of the statutes of the Parliament of England recommended for repeal in this Bill. As such, it is listed in Part 2 of the amended Schedule.

The Statute of Winchester was a milestone in English law enforcement and was the only legislation relating to the policing of England for almost 600 years until the Metropolitan Police Act 1829. It recited that "robberies, homicides and burnings are more frequently committed than heretofore they were wont to be". It dealt with various matters such the opening and closing times of the gates of "great towns", the times of the "night watch" and the "hue and cry" that demanded that every citizen should assist the "sheriff" in the pursuit of an offender. In Ireland, the only remaining provision of the Statute of Winchester, dealing with fairs and markets in churchyards, is obsolete and is also being repealed.

Referring back to the writ of 1308 to which this amendment relates, the writ would have been sent to the justiciar, reciting that the King was bound by oath to preserve peace in Ireland and commanding observance of "the statute lately published at Winchester, in all and singular its articles". Apparently, this writ was then read and publicly proclaimed "in cities, burghs, market towns and other places, as well within liberties as without". The writ was enrolled and set out in detail the lawless state of the Irish counties and commanded the justiciar that, with the Irish Council, he was to ordain and proclaim in the towns that the "hue and cry" was to be observed.

When the various elements of these transactions are sorted out, it is clear that the Statute of Winchester was transmitted for observance in Ireland, that the actual terms of the statute were sent in transcript form and that detailed provisions about the method of proclamation and observance of the statute were made. However, to describe the writ as a statute and to include it within the Schedule to this Bill among the "Pre-Union Irish Statutes" would be misleading and, therefore, the Government amendment to section 1 specifically addresses this anomaly. It is a technical matter and I hope the House agrees with me.