Barry Ward (Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 6, between lines 8 and 9, to insert the following: “Repeal of section 4 of Offences against the Person Act 1861

3. Section 4 of the Offences against the Person Act 1861 is hereby repealed.

I am looking forward to the same spirit of co-operation from the Minister with regard to this amendment. Essentially, what this amendment does with regard to Part 2 of the Bill that is before the House is clarify the position regarding conspiracy to murder, which is very important. What section 3 does specifically is amend section 4 of the Offences Against the Person Act 1861 to change the term "to be kept in Penal Servitude for any Term not more than Ten ... Years". It proposes to change the maximum sentence arising from a conviction for conspiracy to murder to imprisonment for life or a lesser term of imprisonment. Therefore, it clarifies the position in that regard. The reason I tabled this amendment is that the 1861 Act is out of date. It is a pre-1922 statute. It was not made by any parliament of these people and this State. What I am suggesting in the grouped amendments is simply that we would repeal that section and replace it with a properly-worded section that does exactly the same thing. There is no substantive difference between the two amendments. However, I am suggesting that we get rid of the old 1861 provision and replace it with a modern one in this Act, as it will be.