Seanad debates
Wednesday, 25 May 2005
Statute Law Revision (Pre-1922) Bill 2004: Committee and Remaining Stages.
3:00 pm
Tom Kitt (Dublin South, Fianna Fail)
New legislation covering minerals has been introduced. Modern legislation also covers the provisions of the Lands of Lunatics Statute. This legislation is spent and has achieved its purpose. Our officials will continue to delve through the various legislation but it is demanding on time. The second revision Bill will examine the matter from a different perspective and will be positive in putting up the existing legislation.
This is the first step in an ongoing programme. The Taoiseach initiated this programme for reform for better regulation. Our system of statute law should comply with the most elementary requirements of any system. With regard to Senator O'Rourke's point about EU directives, it will be useful to see existing legislation presented in a positive way and intermeshed with modern legislation. Every repeal that is carried out not only reduces the area of uncertainty but is a step towards the development of a list of statutes in force. One can argue that this work is well overdue. I will do my best to ensure it continues on an organised basis.
I thank the officials from my division and the Attorney General's office for the significant body of research and work they have undertaken to bring the Bill to fruition. It has been an arduous task to seek out Acts that still apply to Ireland and then to ascertain if they are suitable for repeal. That involves a lot of work. The fact that so many additional Acts have been added to the Schedule today is testimony to the dedication of those who did the work. I thank them, as does the Government, for the time and effort put in. "Practical utility" is a modern term which we do not define. We examined the Acts and referred them to Departments to see if they use the legislation or have a need for it. If not, and we were happy to repeal certain Acts, we did so. Practical utility could end up as a matter to be interpreted by the courts. However, we need some gauge or measure, and practical utility is the most convenient. Otherwise we would have to keep all our laws forever.
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