Tom Kitt (Dublin South, Fianna Fail)

I thank Members for the detail already discussed in the debate on this Bill.

Amendments Nos. 1 to 4, inclusive, 30 and 31 relate to section 7. Amendment No. 1 is a drafting amendment to improve the wording of section 7. Amendments Nos. 2 to 4, 30 and 31 are also drafting amendments that concern changes to the numbering of two Drainage and Improvement of Land Supplemental Acts of 1867 which are set out in the table in section 7. The purpose of these amendments is to take into account the fact that three separate Drainage Acts passed in 1867 currently have the same Short Title and the amendments are designed to ensure each will now be given a separate Short Title for the purposes of clarity by inserting "No. 2" and "No. 3" respectively into the second and third such Acts of 1867.

The amendments in group two all affect minor changes in the citation, subject matter or Short Title of certain Acts in the Schedules to the Bill. On changes to subject matter, these amendments ensure more appropriate subject matter entries and either align the subject matter with the Short Title, correct anomalies in the wording of the subject matter or otherwise improve the wording of those entries.

Amendments Nos. 44, 60 and 61 concern corrections to citations and amendments Nos. 132 and 133 correct the references to the Short Title of the Political Offices Pension Act 1869.

Amendments Nos. 6 to 10, 12 to 14, 17 to 18, 21, 22, 24 to 25, and 29 concern the insertion of Acts into Schedule 1, the list of Acts to be retained. These Acts were recorded previously as being already appealed, as one or more of the leading texts, such as the Northern Ireland Chronological Tables, HMSO Chronological Tables or Cullinane's "The Irish Statutes" indicated that this was the case. Following recent further analysis of the legislation, however, that purported to have repealed them, it has become apparent these Acts had not been fully repealed, in some instances because of a saver clause. With each of these Acts, the residue has or may have some continuing effect and, therefore, should be retained pending further substantive law reform in the relevant areas of law.

The amendments in group four delete Acts either from Schedule 1, the list of Acts to be retained, or from Schedule 2, the list of Acts to be repealed, on the basis that the Acts referred to are already fully repealed. Amendments Nos. 50, 106 to 108, inclusive, and 120 and the second part of amendment No. 131 delete Acts which, on further examination, are considered to be wholly repealed on the grounds that prior to independence they were repealed as to all British territory, which included Ireland at the time.

Amendment No. 34 and the first part of amendment No. 131 update the Bill to take into account the recent commencement of repeals set out in the Children Act 2001, culminating in Statutory Instrument No. 164 of 2007 on 1 March 2007. The upshot of those repeals is that the three Acts referred to are now fully repealed and can now be deleted from this Bill. The remaining amendments in this group delete Acts which, on further examination of the repealing provisions, are considered to be fully repealed.

The amendments in group five involve three main changes but all relate to the deletion of Acts from Schedule 2 and their insertion in Schedule 1. The Wedding Rings Act 1855, which amends the Gold and Silverwares Act 1854 was previously listed in Schedule 2, the list of Acts to be repealed, and during the public consultation that took place, prior to the publication of the Bill. Both of these Acts were listed as suitable for repeal. However, representations were received in relation to the Gold and Silverwares Act 1854, which resulted in its transfer to Schedule 1, the list of Acts being retained. Given that the Wedding Rings Act amends the 1854 Act, which is being preserved, it is believed that this Act should similarly be preserved. In the case of the Court of Probate (Ireland) Act 1861, further examination suggests that it might be relevant to the appointment of members of the Commissioners for Charitable Donations and Bequests in Ireland. Accordingly, it is proposed to retain the Act for the time being, to delete it from Schedule 2 and insert it in Schedule 1.

The Poisons and Pharmacy Act 1908 is listed for repeal in the Pharmacy Act 2007, the relevant repealing provisions of which have not yet been commenced. In order to facilitate its repeal and replacement in that legislation, it is proposed to retain the 1908 Act in this Bill by removing it from Schedule 2 and inserting it in Schedule 1. The effect will be that the 1908 Act will not be repealed when this Bill is enacted but instead will be repealed when the relevant provisions of the Pharmacy Act 2007 are commenced.

The amendments in group 6 insert a number of Acts into Schedule 2. Each of the Acts referred to by these amendments were recorded previously in one or more of the leading texts such as the Northern Ireland Chronological Tables, the HMSO Chronological Tables or The Irish Statutes as either already repealed or not applicable to Ireland. However, following recent further analysis of the Acts, that purported to have repealed the legislation referenced by these amendments, it has become apparent that these Acts apply to Ireland and have not been fully repealed. Some part of each of these Acts, however minor or inoperative, remain in force. In each case, however, the residue is suitable for appeal as it is obsolete.

I particularly want to say something about the repeal of Poynings Act 1495, which is proposed by amendment No. 62. Poynings Act provided that all pre-1495 English statute law applied in general to Ireland. We are taking the opportunity in this Statute Law Revision Bill to finally repeal Poynings Act. The repeal of Poynings Act will not mean the automatic repeal of any Act applied by that law that is part of the Irish Statute Book at present. This is made clear in the savings clause of section 9(3) of the current Bill.