asked the Minister for Justice if he will state what Acts of the British Parliament passed (a) prior to 1800, (b) between 1801 and 1900 and (c) between 1901 and 1921 are at present operative in this administration.
Ceisteanna—Questions. Oral Answers. - Acts of the British Parliament.
At the coming into operation of the Constitution of the Irish Free State, the statute law then in force was continued in force save in so far as inconsistent with that Constitution. Similarly the statute law so continuedin force was further continued in force in 1937 by the Constitution of Ireland, but again save in so far as inconsistent with that latter Constitution. Some of this statute law has been repealed expressly or by implication since 1937 by Acts of the Oireachtas.
The preparation of a list of Statutes in force in 1921 has never been undertaken, and such a task might involve questions of constitutional law. However, in everyday legal administration it is fairly clear what Statutes continued to apply here having regard to constitutional provisions.
Broadly the position in 1921 with regard to statute law was as follows:—
"I. Pre-1800:
(a) Acts of the Parliaments of England and of Great Britain which were expressed to apply to Ireland were recognised by the Irish courts as being in force in Ireland;
(b) Acts of the same Parliaments which were applied to Ireland by the Irish Parliament were also in force.
II. 1800 to 1921:
During this period all United Kingdom Statutes were applicable to Ireland save in so far as a contrary intention was manifested in the Statute and, of course, all British Statues passed expressly for Ireland had also the force of law."
Is it possible that 31 years after there has been an adminisstrative and judicial separation from Great Britain we still do not know what British laws applicable to Ireland prior to 1921 are still operative here? Does the Minister know of any other independent State which, 31 years after securing its freedom, still has its basic code of legislation related to the pattern enacted for it by its enslaver?
Had you not three years in which to change all that?
We will soon have more time to do it.
Mr. O'Higgins
Is one of the Statutes in question the Representation of the People Act which provides that the people shall have the Government they desire?
Mr. Boland
As a matter of fact consolidation is taking place but it is a very lengthy job, as every Deputy knows.
Is it not possible to tell the people and Parliament what British Statutes prior to 1921 are still operative here? Some of these Statutes have been repealed in Britain. The British passed them for themselves. They applied them to us. The British found faults and flaws in them and promptly repealed them but we continue to give them the force of law here. We should not continue to do that even though our not doing it might disturb the serenity of the Minister for Finance.
Why were you not doing it in the three years?
I want to give notice that, if this Government is in office next week, I propose to raise this matter on the Adjournment.