Tom Kitt (Dublin South, Fianna Fail)

Perhaps I might take Senators through this section and try to clear up this matter.

Section 3(1) provides for the setting out in Schedule 2 of those statutes specifically repealed by the Bill. Some 3,188 statutes listed in the Bill for appeal have been found to be unnecessary or to have ceased to be in force. That list does not include those Acts that clearly never applied to Ireland. The section follows the terms of the Statute Law Revision (Pre-Union Irish Statutes) Act 1962, in that it does not refer to Acts of specific parliaments.

Subsection (2) is designed to make clear that the omission of an Act from Schedule 2 does not preserve it in force for any purpose, except where, as provided for in subsection (2)(c), the Act has been already repealed but saving transitional or continuing provisions have been made in regard thereto. Subsection (3) is designed to make clear that the inclusion of an Act in Schedule 2 should not be taken to mean it is currently in force or has any effect. For example, some of the Acts in Schedule 2, while never repealed, may have been of questionable constitutional application to Ireland. Nonetheless, they are being included in the list of Acts for repeal for the sake of legal certainty.

The Long Title makes clear that the Bill, like previous Statute Law Revision Acts, addresses itself to two categories of Acts, those that have ceased to have effect but never been formally repealed, and those that are unnecessary although technically still in force. Many of the 3,188 Acts listed in Schedule 2 fall within the first category and are being formally repealed by the Bill for the sake of certainty and clarity, even though they have ceased to have any practical effect.

Regarding Senator Brian Hayes's point, we do not have copies of all the old Acts. As Senator Mansergh said, if we miss something and it is lost to history, it is gone. That is my best layman's response to those valid points.