(Cavan) asked the Minister for Finance if he is aware of the delay in publishing the official version of statutes and in particular that a delay occurred in the publishing of the Landlord and Tenant (Amendment) Act, 1971, which contained an important section which terminates after one year, and that this led to serious difficulties for those concerned; and if he will take steps to ensure that statutes are made available promptly in future.
Ceisteanna—Questions. Oral Answers. - Publication of Statutes.
22.
The practice is that texts of Bills as passed by both Houses of the Oireachtas are available immediately afterwards in the Government Publications Sale Office. Evidence of the signing of Bills, is, of course, available from Iris Oifigiúil. In any case where the Minister concerned considers that an Act should be made available with special urgency, an English only version is printed and put on sale before the bilingual version.
I assume that the Deputy is referring to the availability of the bilingual version of Acts. Since, subsequent to signature by the President, each Act must be translated into Irish, some time inevitably elapses before publication of the bilingual version. However, I am not aware that this gives rise to any general difficulty. As regards the Landlord and Tenant (Amendment) Act, 1971, I refer the Deputy to the reply which the Minister for Justice gave to Question No. 46 on 22nd June, 1972.
(Cavan): The Minister referred me to an answer given in June, 1972. Does he agree that the Landlord and Tenant (Amendment) Act, 1971, was not available in the English version, or in any version, for over six months after it was passed, and that it contains a section of great importance to the general public which expires by the effluxion of time on the 7th of next month? Does he not consider that it was unreasonable that it should have been held up for so long? I understand the answer was that it could not be published until it was translated.
I am not sure if we are talking at cross-purposes. Is the Deputy saying that there was not available to the public what we know as the version as passed by both Houses of the Oireachtas?
(Cavan): Yes. I am saying that members of the public who applied to the Stationery Office could not get an official copy of the Landlord and Tenant (Amendment) Act until six months after it became law and they were so informed.
The information available to me is that the version as passed by both Houses of the Oireachtas of every Bill is available immediately and, in fact, in relation to the Landlord and Tenant Act to which the Deputy refers, that it was available continuously since the passage of the Bill and that several cases, both under section 10 and other sections, were decided in the courts on the basis of the Act as it was available.
(Cavan): Surely the Minister is aware that the green copy of a Bill as passed by both Houses of the Oireachtas is only a Bill; it is not an Act; and it is not evidence of anything and would not be accepted in any court of law.
I refer the Deputy to the reply given by the Minister for Justice which refers to a number of cases which were decided and that reply was given in June, 1972.