Seanad debates

Thursday, 10 December 2009

Statute Law Revision Bill 2009: Second and Subsequent Stages

 

11:00 am

Photo of Paul BradfordPaul Bradford (Fine Gael)

I welcome the Minister of State. It is a calmer place for him than the other House was yesterday. I apologise for my learned colleague, Senator Regan, who would have brought a great deal of legal precision to the debate. I am an inadequate substitute for him today.

I listened with interest to the contribution of the Minister of State. I was unaware that we were being observed by one of the authors of the Bill. It is fascinating to examine the old laws, and their Titles and details. In our country we have had a very interesting history and engagement with our neighbouring island. There has been a great deal of conflict down through the generations. We must also recognise that much of our current law stems from another jurisdiction and is part of the thread of history which intertwines the two nations.

Some of the Titles of the old Acts, statutes and provisions are fascinating, such as the Town of Fermoy Act, the Mallow Railway Bridge Act and the Youghal Bridge Act. It brings the issue closer to all of us. In the copy I received from Senator Regan he had noted some of the Bills that related to his area, DĂșn Laoghaire, which is referred to as Kingstown on some occasions. The Bill is necessary and welcome. The staff of the Office of the Attorney General and all those who have been involved must be thanked. I am advised that the cost of the project to date is minimal and that very good value has been obtained. It is a necessary project. Presumably the former Taoiseach, Deputy Bertie Ahern, initiated this statute revision. For modern Ireland it is a necessary tidying up exercise. Some 87 years since gaining independence it is better that our body of law more fully reflects the Republic of Ireland and its legislation.

It is difficult to raise any issues with the legislation. As the Bill passes through the House, we can simply reflect that with so much legislation now being passed by the Oireachtas, particularly in the justice area, we must be cognisant that our primary role in this House as elected Members is to pass legislation. Obviously, as politicians, we have various duties, sometimes very far removed from the legislative side of the equation. However, our primary duty, as legislators, is to reflect on, amend, if necessary, and propose legislation. Probably the task of Oireachtas Members in coming decades, as we tackle the big economic challenges of our time, will be to take their legislative role more seriously and engage more fully in the process. Outside the House there is considerable debate on Oireachtas reform, the role of politicians and how we are elected. However, it should be all about legislation. The number of Acts, statutes and Bills introduced through the generations shows that there has always been and always will be the concept of legislation which must be at the core of our work.

The title of the Bill refers to the citation of Bills. As we plough through Bills of all kinds in the House, I am often struck by how they are named in a cumbersome way with very distant phraseology removed from reality. Legislation in the United States is generally termed in user-friendly language. In particular, I recall the proposal of former President Bush on education policy in allowing access and guaranteed delivery of education. The Bill was called the No Child Left Behind Bill. If we were doing something similar here, we would probably call it the "Education (No. 7) (Amendment)(Guarantee of Rights to Education) Bill 2011". By using such language we remove law from the public. If we were to use more user-friendly titles for legislation, it might help the public to understand what we are about and the legislation we were passing. It is a moot point, probably one for another day. However, as we look through so many titles in this legislation, it is a matter on which we might reflect.

I welcome the legislation and thank all of those involved. As reported to me by Senator Regan, the cost has been very modest and the money well spent. I ask the Minister of State to indicate the rate of progress and when it might be finished. As we have now started the process, I hope we can finish the job and put the new proposal in place. I thank the Minister of State for his interesting contribution which, like my own, strayed slightly from the Bill; otherwise we might have had little more than a sentence to say. It is fascinating reading. While the parliamentarians of yore might have had more comfortable and safer seats than we have, it appears they were quite active. Long may that continue with us.

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