Seanad debates

Wednesday, 7 February 2007

Statute Law Revision Bill 2007: Second Stage

 

8:00 pm

Don Lydon (Fianna Fail)

Thank God for the men of 1916 who ensured we can make our own laws and not depend, as we did for 800 years, on those of our nearest neighbour. It is astounding there are 4,500 statutes that may be still in force and that 3,188 of these may still apply. As Senator Mansergh asked, because of the inexorable move towards a united Ireland, have we taken into account consulting the people in Northern Ireland about the possible implications of removing some of these laws and statutes to which they cling and are probably still law in their part of the country?

Why are some of these laws to be retained? It beggars belief, as Senator Norris said, that we are holding on to the Fairs Act 1204, whose subject matter is the erection of castle and fortifications at Dublin and the establishment of fairs at Donnybrook, Waterford and Limerick? Why are we holding on to the City of Dublin Act 1215, whose subject matter is the annual rent for Dublin city? Why the Sheriffs Act 1293, about the appointment of sheriffs and the Treatment of Foreign merchants Act 1473, which put foreign merchants under the protection of the King? Members may be interested in the Parliamentary Privilege Act 1471 until they find it deals with the freedom from arrest of Lords coming to Parliament, and their servants. I see less point of the Courts Act 1476 that lays down that the Lords must wear their robes in Parliament. It beggars belief that the Marriage (No. 2) Act 1537, which concerned the succession between the King and Queen Jane, has any relevance to the Ireland of today. The same can be said of the Piracy Act 1613 and the Pawnbrokers Act 1634.

I am delighted this is an ongoing process. I believe, however, we should have been given a more detailed explanation of what these Acts involved. There have been times we have rushed legislation without going into the detail. We should be informed if the removal of some of these statutes could have various implications. I am sure the researchers did a good job but sometimes they may make mistakes.

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