Michael McDowell (Independent) | Oireachtas source

I agree with the Senator on the matter. We have the Statute Law (Restatement) Act. It is desirable to have an official version of the legislation to which the ordinary man or woman can have instant access. If we take the money laundering and terrorist financing legislation as a code, it should be available at all times in a readable form without having to do research. I strongly support that restatement should be done as often as possible.

I notice that the restatement provision, which was introduced, I think, in the early 2000s, really has been replaced by relying on the Law Reform Commission to do the restatement process. Therefore, there are issues such as production in court of a consolidated version. The Law Reform Commission report seems to have that status and it requires judges to agree to accept that as the law on the assumption that the Law Reform Commission has done its job. The statute law restatement legislation required courts to give recognition to a restatement issued by the Office of the Attorney General as if it were the law and to accord it the same degree of authenticity. I just make that point.

I accept what Senator Ward says that an administrative burden is cast on any Department to keep that work up to date. It is strange that it is effectively now delegated informally to the Law Reform Commission to carry out this work, whereas the proper way to do it is not done. I agree with the Senator's amendment.