Seanad debates

Thursday, 7 July 2011

Civil Law (Miscellaneous Provisions) Bill 2011: Report Stage (Resumed)

 

6:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

I thank Senators for their comments and assure them that there is no evil plan attached to this. I should inform the Senators from Fianna Fáil who contributed that the previous Government made a decision that it was necessary to introduce a similar provision in the law. One was being prepared to be included in the somewhat smaller Civil Law (Miscellaneous Provisions) Bill that my predecessor published.

Senator Mooney referred to the number of Acts that the legislation before us addresses. It addresses 40 different Acts in the context of the reforms it introduces. I reiterate that this is not about in any way undervaluing the Irish language or not regarding or recognising its constitutional importance. It is important to note that section 7 of the Official Languages Act 2003, which came into force in July 2006, provides for the printing and publication of Acts of the Oireachtas in both languages simultaneously. This provision was introduced in the context of a Supreme Court judgment which was delivered in 2001. Another judgment on statutory instruments issued in 2010 reinforced the constitutional obligation to make both Irish and English language versions of legislation available "within a reasonable time or as soon as may be practicable", in other words, not instantly. The previous Attorney General was concerned about the difficulties that could arise when new laws have come into force but are not accessible to those affected, particularly in the case of new criminal law. Following consultations with the Oireachtas commission, the then Attorney General recommended an amendment be made to the Official Languages Act to the effect that nothing in the Act should prevent the publishing of an electronic copy of a new Act on the Oireachtas and departmental websites following the passage of the legislation. This, as I stated, was agreed by the previous Government.

This amendment, which is technical in nature, would simply allow publication in electronic form of legislation as soon as it has been signed by the President in order that there is instant accessibility to what the legislation contains. It does not in any way prevent publication in both languages. Formal publication will thereafter have to take place in both languages.

I draw specific attention to what is in the Bill before us. It provides additional protection for victims of domestic violence and a new mechanism to enable the enforcement of maintenance orders for unsupported spouses and children. The Bill gives example of the reason it is necessary, as soon it is signed, that it be available in final form and published on the Internet. Some weeks later, in the normal way, the legislation will be formally printed and published in both languages. It is not fair to individuals when legislation is not printed and made available in its final form for a period because, for some, even a few days can make a difference to their lives. If one is a victim of domestic violence and new protections are available, one needs to know this, as do lawyers and the Judiciary. It is not a luxury. That is why the issue is important.

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