Seanad debates

Wednesday, 16 May 2012

Statute Law Revision Bill 2012: Second Stage

 

1:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

It was not that far back. In first year law, we were obliged to take two non-law arts subjects. I chose Latin, because I was relatively good at it, and modern history, because of the lecturer at the time, the great Professor John A. Murphy, who was subsequently a Member of this House and who is still alive and well. We had our arguments due to our political differences but they were friendly fire. In those years, I studied Roman law, which was interesting, although I do not believe it is now on any curriculum in the Irish universities, and also ancient legal history, which included cases, jurisprudence and so on. My niece was recently studying for her FE1, the Law Society entrance exam, and if I told her stories like that, she would certainly believe I was much older than she ever thought I was. That was the way things were at the time.

It is important to reflect on this when enacting laws. We think we are modern and far advanced but if we look at the Brehon laws or Roman laws, or go back to the Stoics and the Sophists, we must ask whether our system of justice has really advanced in great strides. We think we have, but if the old Roman laws had been in place in recent times for the banking crisis and the political crisis, many of those involved would have been beheaded. There are many people out on the streets who would nearly wish for that again, but we have moved on.

I was not aware that until relatively recently there was an obligation on every citizen of Ireland to own a bow and arrow and to practise archery, although this has been withdrawn. Equally, I never realised where the word "pillory" came from until I discovered the now obsolete Act dealing with pillory, the act of locking someone into stocks so they could be pelted with tomatoes - we learn something every day. Other legislation dealt with the regulation of children who worked as chimney sweeps. As coal is seldom burnt any longer, perhaps we should send some of that legislation to China, where there are many coal burning facilities. The Adulteration of Coffee Act imposed a £20 fine on "evil disposed persons who have at the time or soon after the roasting of coffee made use of water, grease, butter or such like materials, whereby the same is rendered unwholesome and greatly increased in weight". The Adulteration of Tea Act was passed in 1776, two years after the Boston Tea Party which triggered the American revolution.

This is of only historical benefit. As I said at the outset, I welcome the legislation. In conclusion, I make a point which is perhaps most appropriate to the Minister, Deputy Shatter, namely, I have always sought as a Deputy and Senator that we should work towards the codification of criminal law, even if only up to the year 2000. I accept much work has already been done in this area. It is relevant for anyone going to court in regard to road traffic or other offences and, while it is not the most urgent priority, the Minister might explain the position with regard to codification of statutes, particularly in the area of criminal law.

The Minister of State, Deputy Brian Hayes, has our full support in this regard. There will no demand for a vote on Second Stage and it is unlikely on the other Stages also.

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