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Dáil Éireann debate -
Tuesday, 20 Mar 1923

Vol. 2 No. 41

CEISTEANNA—QUESTIONS. - [ORAL ANSWERS.] IRISH FREE STATE LAWS.

To ask the President whether he has taken, and if not, whether he will take, the opinion of the Legal Advisers of the State upon the questions whether the expression in Article 73 of the Constitution "laws in force in the Irish Free State at the date of the coming into operation of this Constitution," and the expression in the preamble of the Adaptation of Enactments Act, 1923, "Acts passed by the British Parliament which were in force on the 6th day of December, 1922," do not mean and include all Statutes of the British Parliament duly enacted by that Parliament, and purporting to affect the area now comprised in Saorstát Eireann which were unrepealed at that date, and also whether the repeal of certain sections of a nonexistent Act which "was never in force in Ireland" can have the legal operation of enacting by implication the remainder of the same Act.

If the Deputy will mention any concrete matter as to which he suggests that the Government appear to him to have omitted to be advised, the suggestion will receive every consideration.

A concrete case is the Criminal and Malicious Injuries Act, 1920.

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