Seanad debates

Wednesday, 29 June 2005

Interpretation Bill 2000: Committee Stage.

 

2:00 am

Photo of Brian HayesBrian Hayes (Fine Gael)

I thank the Minister of State for his reply. Under this amendment, an Act will lapse only if a positive resolution has not been passed by both Houses of the Oireachtas. I understand that a great deal of primary legislation provides that the Act in question is subject to a mandatory automatic review. I do not think I will win this argument, but if this amendment is accepted, this provision will have a dramatic effect on the way in which we respond automatically to problems by putting new statutes in place.

The Minister of State did not say whether he thinks this is a good idea. He outlined to the House the advice he has received from the Office of the Attorney General, as he is required to do, but he did not comment on whether the proposal would lead to better regulation. When he spoke on Second Stage he referred to the White Paper, Regulating Better, which was published by the Government in January 2004. One of the central arguments used by the Government in favour of this Bill is that the Statute Book is being regulated and a more modern form of parlance is being used for interpretation, which is to the benefit of everyone, particularly the courts. I have proposed a means of much more efficient regulation, which will ensure that legislation that becomes redundant is removed from the Statute Book.

I understand some of the difficulties which have been outlined by the Minister of State. I would have thought that the general principle is important, regardless of whether we think it is relevant. If we review legislation automatically, which is a fundamental provision of many Acts being passed by the Oireachtas nowadays, why is it not possible to terminate legislation if it does not have a modern application? That is the point I am making in amendment No. 3.

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