Martin Mansergh (Fianna Fail)

I welcome the Bill which is a fascinating exercise. I compliment the team involved in it. We are very much in their hands as they have the opportunity of studying the legislation and seeing what might or might not be relevant. Most of the legislation served a purpose in its time although there were some dead letters then as now.

Among the Acts to be repealed is the Freedom of Movement of the French in the Realm Act 1291. I suspect that was an Act to restrict the freedom of movement of the French in the realm. That should certainly be got rid of.

There are a number of Acts Senator Lydon might talk about, including the Freedom of the Church of God Act and the Application to the Lord King if any of his officials are to be excommunicated, not to mention St. John of Jerusalem. I am glad to see the attainder of my ancestor, Shane O'Neill, repealed. Alas, it did not stop his head being put on a spike outside Dublin Castle in 1566.

There is one Act that should be examined more carefully because it has an ongoing relevance. I refer to an adventurer called Erasmus Smith. To this day, the Erasmus Smith fund is applied, as a result of a legal settlement in the late 1930s, to the Abbey School CBS, Tipperary, but I believe there are also Erasmus Smith scholarships in Trinity College. It was divided into two halves in the 1930s — a Catholic half and a Protestant half. We must ensure the Adventurers Subscriptions Acts of 1640 do not affect that. I draw that point to the Minister's attention. I notice with interest that the Irish Free State (Agreement) Act of 1922 is to be repealed, something of which I entirely approve.

I am disappointed that the Whiteboy Acts are being retained. I hope it is not to allow the Minister for Justice, Equality and Law Reform denounce the rebels of the 18th century. One of the great judicial scandals of the 18th century, 1766, was the execution of Fr. Nicholas Sheehy under the allegation that he was a whiteboy. It is somewhat of a stain on our Statute Book that such legislation should be retained a moment longer than necessary.

I wish to make one further point of substance. It is true in general that we should have a Statute Book that is consolidated and codified, similar to the Code Napoleon, sweeping away the clutter of previous centuries. However, we must remember — I am mindful of a number of symbolic items of legislation — that we are not as yet a united country. We could compare notes with our fellow rebels in America on whether there might be some merit in retaining two of the statutes that are part of the basis of representative government as opposed to democratic government, which are not quite the same. One is Magna Carta, which is being retained currently, and the other is the part of the Bill of Rights which would have a great deal of meaning to another tradition in this island. Some care needs to be taken in this respect. I am mindful of the broader political implications. This brings to mind philosophical thoughts. I would not be an unmitigated Burkean but I would not be unmitigated French revolutionary either. A balance needs to be found.

There are many amusing elements of this legislation that I do not have time to go into. I will hand over to Senator Lydon.