Seanad debates

Wednesday, 29 June 2005

Interpretation Bill 2000: Committee Stage.

 

4:00 am

Photo of Brendan RyanBrendan Ryan (Labour)

Section 7 begins: "In construing a provision of an Act for the purposes of section 5 or 6,". Section 6 states "a court may make allowances for any changes in the law, social conditions, technology, the meaning of words" etc. and section 5 deals with construing ambiguous or obscure provisions. It surprises me that a court may make use of many things as reference points for interpreting legislation but not, apparently, the debates of the Houses of the Oireachtas. However, it is extraordinary that the section does not include an enabling provision. While it is not intentional, it makes little of the fact that legislation for better or worse is debated often in detail. Questions about ambiguity in legislation are often raised during debates and the interpretation is that clarification is unnecessary but the Oireachtas will be marginalised unless the courts may at least advert to the reports of its debates.

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