Statute Law Revision Bill 2007: Report and Final Stages.

Acting Chairman

Amendment No. 1 requires recommittal. Amendments Nos. 2, 3, 21 and 22 are related and may be discussed together.

Bill recommitted in respect of amendments Nos. 1 to 3, inclusive.

I move amendment No. 1:

In page 8, between lines 47 and 48, to insert the following:

"

1867 (30 & 31 Vict.) c. 139

Drainage and Improvement of Lands Supplemental Act (Ireland) 1867

In section 3 by substituting “Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867” for “Drainage and Improvement of Lands Supplemental Act (Ireland) 1867”.

Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867

".

These are drafting amendments which concern changes to the number of two Drainage and Improvement of Lands Supplemental Acts (Ireland) of 1867. The purpose of these amendments is to take into account the fact that three separate drainage Acts passed in 1867 have the same Short Title. The amendments are designed to ensure that each will now be given a separate Short Title for the purpose of clarity by inserting "(No. 2)" and "(No. 3)" respectively into the second and third such Acts of 1867.

In many ways, this shows the benefit of having proper parliamentary scrutiny of Bills in that we can be more satisfied that the end product is correct and will stand the test of time, so I have no difficulty in agreeing to these amendments. They improve and clarify theBill.

Amendment agreed to.

I move amendment No. 2:

In page 8, in the third column, line 51, to delete "(No. 2)" and substitute "(No. 3)".

Amendment agreed to.

I move amendment No. 3:

In page 8, in the fourth column, line 51, to delete "(No. 2)" and substitute "(No. 3)".

Amendment agreed to.
Bill reported with amendments.

Acting Chairman

Amendments Nos. 4 to 6, inclusive, are related and may be discussed together.

I move amendment No. 4:

In page 11, between lines 23 and 24, to insert the following:

"10.—The repeal or retention of a statute under this Act shall not, in any way, be relied upon as a basis for establishing that that statute or those statutes ever actually applied in Ireland.".

My colleague, Deputy Kehoe, had a view in regard to these provisions which he presented on Committee Stage. He thought the Bill would be improved by their inclusion. The amendments are along similar lines. The Minister and his officials have had an opportunity to consider and reconsider the point very cogently made by my colleague on Committee Stage. I am very much in the hands of the Minister and his officials as to whether he accepts the points made are valid. To a degree, they are of a technical nature. The position of Fine Gael is to ensure the Bill is in the best shape possible. I will be guided on this issue by the Minister and his officials.

I understand the sentiments expressed by Deputy Kehoe. I explained on Committee Stage that while I agree with the sentiments on which these amendments rest, I do not propose to accept them on the grounds that they are, first, unnecessary and, second, they would create technical difficulties in regard to the freezing of statutes to be made publicly available.

I noted in committee that the principle thrust of amendment No. 4 is already contained in section 3(3) of the Bill, which has regard to Schedule 2, while amendments Nos. 5 and 6 will be overtaken by the programme of statute law revision upon which the Government has embarked. In addition, there are a number of technical difficulties with these amendments in that they would freeze the list of statutes to be made available at a future point in time to those statutes listed in the Schedules on the day the Bill is enacted. However, it is important to remember that by the end of the five-year period suggested by these amendments, a great deal of the Acts currently listed for retention in Schedule 1 will have been repealed by other legislation — for example, the Land and Conveyancing Law Reform Bill will repeal approximately 10% of the Acts in Schedule 1.

On Committee Stage I indicated that should any Act currently listed in Schedule 1 remain on the Statute Book in five years that had not at the point in time been repealed, I would be happy to make a copy of that legislation available electronically. On the basis of that response, I ask the Deputy to withdraw the amendments.

I accept the Minister of State's point.

Amendment, by leave, withdrawn.
Amendments Nos. 5 and 6 not moved.

Amendment No. 7 is to be recommitted. Amendments Nos. 7 to 10, inclusive, 12 to 14, inclusive, 16 to 18, inclusive, 20 and 32 are related and may be discussed together.

Bill recommitted in respect of amendments Nos. 7 to 10, inclusive.

I move amendment No. 7:

In page 17, between lines 51 and 52, to insert the following:

"

1765 (5 Geo. 3) c. 14

Presentment for roads

Roads Act 1765

".

These amendments concern the insertion of 12 Acts into Schedule 1, the list of Acts to be retained. These 12 Acts were recorded previously as repealed because one or more of the leading sources and reference texts, such as the Northern Ireland chronological tables, the HMSO chronological tables or Cullinan's The Irish Statutes, indicated that this was the case. However, following recent further analysis of the purported repealing Acts it has become apparent that these 12 Acts have not been fully repealed. In some instances, this is because of a saver clause and with each of these 12 Acts the residue has or may have some continuing effect and should therefore be retained pending further substantive law reform in the relevant areas of law. The Companies Consolidation Act 1908 and other similar Acts are being included in Schedule 1 for the sake of clarity, even though it may not strictly be necessary to list these Acts. It is important that I provide some details to explain this.

In preparing the Schedules and the amendments today, a distinction has been drawn between those Acts that have already been repealed with the saver clause limited to past events and those Acts that have a saver clause which means that the Act has an ongoing or prospective effect. The view has been taken that an Act that is repealed but is subject to a saver clause dealing only with past transactions is treated as not in force for our purposes. Indeed, under the Interpretation Act 2005 and previous interpretation legislation, repeal of an Act did not interfere with certain past transactions. Therefore, if one were to regard such a saver clause as preventing a full repeal from taking place, no Act would ever be fully repealed.

By contrast, an Act that has been repealed but was subject to a saver clause with an ongoing or prospective effect has been treated for the purposes of the pre-independence project as remaining in force. This is because it can affect future events. The Companies Consolidation Act 1908 and other similar Acts fall into this category. Although these Acts are repealed, certain provisions are continued for the purpose of effecting the ongoing operation of companies to which the Acts applied. To provide the clearest possible list of Acts to be treated as "in force", we decided to list these Acts in Schedule 1. However, I emphasise that their inclusion is purely for the sake of clarity and readability, even though it may not be strictly necessary.

Do I take it we are talking about repealing Acts, but having a saver with regard to any acts done or steps taken under those Acts while they were in operation?

Yes, into the future.

I suppose some Acts, such as the Slave Trade Act and the Night Poaching Act, would not be of significant relevance today. However, I see some relevance with regard to company legislation. Looking at the situation, I take the view we must rely on the official advice as to the best way to frame the approach for the Acts being repealed and the saver clauses or the question of anything done under the Acts when in operation. I accept the Minister's amendment.

I accept the point made by the Deputy with regard to some of the language used. We will refer to that later as a Fine Gael Deputy has put down an amendment on language. We have given an assurance that we will deal with that at the appropriate time. However, for legal certainty, some of the legislation has rather archaic language. The Deputy mentioned the Slave Trade Act 1824. For legal reasons we must leave that Act on the list, but we will deal with it in further work on this type of legislation in the years to come. We will, for example, insert the Slave Trade Act 1824, into Schedule 1. The reason is that this Act was previously treated as repealed. However, on further analysis of the repealing provision, it has become clear that this was not a full repeal. It is not suitable for repeal as its remaining provisions may have continuing relevancy to criminal law.

That is the legal position and that is the advice I have received. There are other similar examples. I suggested that this area would be an interesting area for students of law and students in general. I accept the points made by the Deputy. It is obvious this is an ongoing piece of work that will be undertaken by others long after us. We are getting rid of much of the deadwood. Some Acts are being retained for legal reasons.

I am sure some PhD student will do a thesis on this at some stage. I accept the Minister's assurances that we are taking the right direction with regard to the amendments he now proposes.

Amendment agreed to.

I move amendment No. 8:

In page 25, between lines 13 and 14, to insert the following:

"

1811 (51 Geo. 3) c. 66

Irish lighthouses

Irish Lighthouses Act 1811

".

Amendment agreed to.

I move amendment No. 9:

In page 25, between lines 31 and 32, to insert the following:

"

1813 (53 Geo. 3) c. 144

Inland navigation (Ireland)

Inland Navigation Act 1813

".

Amendment agreed to.

I move amendment No. 10:

In page 26, between lines 9 and 10, to insert the following:

"

1816 (56 Geo. 3) c. 98

Consolidated Fund

Consolidated Fund Act 1816

".

Amendment agreed to.
Bill reported with amendments.

Amendments Nos. 11, 23 to 25, inclusive, and 27 to 29, inclusive, are related and will be discussed together.

I move amendment No. 11:

In page 27, in the fourth column, line 11, to insert "Mental Health (Ireland) Act 1821".

My colleague, Deputy Kehoe, argued these points on Committee Stage and wanted the Minister and his officials to give further consideration to them between Committee and Report Stages. His basic point was that the language should be less outdated than in its original presentation. He feels the proposed amendments produce greater clarity. I accept there may be legalities attached to the approach taken. While I support his view on simplicity of language, I am interested in hearing the view of the Minister and the guidance of his officials as to the best way to ensure what we do is correct.

I am happy to explain our thinking on this. These amendments propose to insert new Short Titles with more sensitive language for certain Acts listed in Schedule 1, the Acts to be retained. As I said on Committee Stage, I agree with the sentiments expressed in the amendments that we must work towards the use of more sensitive language in dealing with all issues, in particular with regard to mental health. It is my intention that the issue of appropriate language will be dealt with when the legislation in question with these amendments is processed as part of the repeal and re-enactment programme.

There are a number of technical reasons these amendments cannot be made at this stage. The Acts in question are known by their existing Short Titles and as such would be referred to in other legislation or legal documents by reference to this current Short Title. Any major change to an existing Short Title, other than adding a year or to correct an error, would have the potential to cause confusion and legal difficulty. Furthermore, Schedule 1 has been drafted in such a way as to provide that every Act has an entry in either column 3 or column 4, but not in both.

In other words, we are, so far as is possible, providing just one Short Title for each Act. The Deputy's amendments, however, would leave the existing Short Title in place in column 3. That would create an anomaly with the rest of the Schedule. Indeed, it would also mean that the objective of the amendment would fail to be achieved in that the old Title would remain fully in force. I hope this explains the position. I do not propose to accept the amendments on the grounds that they are not workable as drafted. In addition, the issue raised by them is covered by the Government's ongoing programme of statute law revision. For these reasons, I ask the Deputy to withdraw the amendments.

On the basis that I can give an assurance that the next Government will continue with the good work, I am happy to withdraw the amendments.

Amendment, by leave, withdrawn.
Bill recommitted in respect of amendments Nos. 12 to 22, inclusive.

I move amendment No. 12:

In page 28, between lines 6 and 7, to insert the following:

"

1824 (5 Geo. 4) c. 113

Slave trade

Slave Trade Act 1824

".

Amendment agreed to.

I move amendment No. 13:

In page 34, between lines 9 and 10, to insert the following:

"

1844 (7 & 8 Vict.) c. 29

Night poaching

Night Poaching Act 1844

".

Amendment agreed to.

I move amendment No. 14:

In page 34, between lines 28 and 29, to insert the following:

"

1844 (7 & 8 Vict.) c. 113

Joint stock banks

Joint Stock Banks Act 1844

".

Amendment agreed to.

Amendments Nos. 15, 26, 31, 55, 75, 82 to 84, inclusive, 88, 89, 93 and 101 are related and will be discussed together.

I move amendment No. 15:

In page 35, to delete lines 7 and 8.

These amendments propose to delete Acts from either Schedule 1 or Schedule 2 on the basis that they are fully repealed. Amendments Nos. 15, 82, 83, 84, 93 and 101 propose to delete Acts which on further examination are considered to be wholly repealed on the grounds that prior to independence they were repealed as to all British territory, which at the time would have included Ireland. Amendments Nos. 26 and 31 and the first part of amendment No. 101 update the Bill to take into account the recent commencement of repeals set out in the Children Act 2001 culminating in Statutory Instrument No. 64 of 2007 which came into effect on 1 March 2007. The upshot of those repeals is that the three Acts referred to are now fully repealed and can be deleted from the Bill.

The remaining amendments in this group delete Acts which are now, on further examination of the repealing provisions, considered to be fully repealed.

If the Minister of State and his officials are happy that the changes proposed improve the Bill and that further examination has confirmed that I am happy to accept it. We are dealing with a very technical area. In the course of its progress through the Oireachtas the Bill has, I suppose, been finecombed and if this is the result I am prepared to accept that the Minister of State's amendments are the appropriate way forward.

Amendment agreed to.

I move amendment No. 16:

In page 38, between lines 7 and 8, to insert the following:

"

1849 (12 & 13 Vict.) c. 69

Indictable offences

Indictable Offences (Ireland) Act 1849

".

Amendment agreed to.

I move amendment No. 17:

In page 42, between lines 29 and 30, to insert the following:

"

1856 (19 & 20 Vict.) c. 47

Joint stock companies

Joint Stock Companies Act 1856

".

Amendment agreed to.

I move amendment No. 18:

In page 43, between lines 11 and 12, to insert the following:

"

1857 (20 & 21 Vict.) c. 14

Joint stock companies

Joint Stock Companies Act 1857

".

Amendment agreed to.

Amendments Nos. 19, 30, 97 and 110 are related and will be discussed together by agreement.

I move amendment No.19:

In page 46, between lines 43 and 44, to insert the following:

"

1861 (24 & 25 Vict.) c. 111

Court of Probate (Ireland)

Court of Probate (Ireland) Act 1861

".

These amendments involve two changes in the case of the Court of Probate (Ireland) Act 1861. Further examination of the Act suggests that it might be relevant to the appointment of members of the Commissioners for Charitable Donations and Bequests in Ireland. Accordingly, it is proposed to retain the Act for the time being and therefore to delete it from Schedule 2 and insert it in Schedule 1.

It is proposed to repeal the Poisons and Pharmacy Act 1908 in the Pharmacy Bill 2007. In order to facilitate its repeal and replacement in that legislation it is proposed to retain the 1908 Act in this Bill by removing it from Schedule 2 and inserting it in Schedule 1. The effect will be that the 1908 Act will not be repealed when this Bill is enacted but instead when the Pharmacy Bill 2007 is enacted and commenced.

Will we retain the Court of Probate (Ireland) Act 1861 and will the Poisons and Pharmacy Act 1908 be retained for the sake of dealing with it in the context of the modern Pharmacy Bill?

That is correct. The 1908 Act will be repealed when the Pharmacy Bill is enacted.

That makes sense.

Amendment agreed to.

I move amendment No. 20:

In page 47, between lines 19 and 20, to insert the following:

"

1862 (25 & 26 Vict.) c. 89

Companies

Companies Act 1862

".

Amendment agreed to.

I move amendment No. 21:

In page 51, in the third column, line 58, after "(Ireland)" to insert "(No. 2)"

Amendment agreed to.

I move amendment No. 22:

In page 52, in the third column, in line 10, to delete "(No. 2)" and substitute "(No. 3)".

Amendment agreed to.
Bill reported with amendments.
Amendments Nos. 23 and 24 not moved.

I move amendment No. 25:

In page 62, in the fourth column, line 12, to insert "Confirmation of Marriages Aboard State Ships Act 1879".

I am intrigued by the reference to the "Confirmation of Marriages Aboard State Ships Act 1879". I take it that the Minister has a solid reason for not accepting my colleague's amendment on this matter.

Amendment No. 25 seeks to insert a new Short Title for an Act of 1879 the current Short Title of which reads "Confirmation of Marriages on Her Majesty's Ship Act 1879".

This refers to the title and the officials' view is that it is better not to proceed with Deputy Kehoe's amendment even though it proposes simpler language but to retain the original title.

That is correct. If there is any doubt we retain it.

Amendment, by leave, withdrawn.
Bill recommitted in respect of amendment No. 26.

I move amendment No. 26:

In page 66, to delete lines 17 to 21.

Amendment agreed to.
Bill reported with amendment.
Amendments Nos. 27 to 29, inclusive, not moved.
Bill recommitted in respect of amendments Nos. 30 to 71, inclusive.

I move amendment No. 30:

In page 80, between lines 33 and 34, to insert the following:

"

1908 (8 Edw. 7) c. 55

Poisons and pharmacy

Poisons and Pharmacy Act 1908

".

Amendment agreed to.

I move amendment No. 31:

In page 80, to delete lines 38 and 39.

Amendment agreed to.

I move amendment No. 32:

In page 80, between lines 39 and 40, to insert the following:

"

1908 (8 Edw. 7) c. 69

Companies (consolidation)

Companies (Consolidation) Act 1908

".

Amendment agreed to.

Amendments Nos. 33 to 52, inclusive, 61, 71 to 73, inclusive, 81, 94, 95, 102 and 103, are related and will be discussed together by agreement.

I move amendment No. 33:

In page 89, in the second column, line 3, to delete "Gallies" and substitute "Galleys".

These amendments deal with misprints. Each amendment effects a minor change in the citation, subject matter or Short Title of certain Acts in Schedules 1 and 2. In respect of changes to subject matter these amendments ensure more appropriate subject matter entries and either align the subject matter with the short title, correct anomalies in the wording of the subject matter or otherwise improve the wording of those entries.

Amendments Nos. 37, 51 and 52 concern corrections to citations, and amendments Nos. 102 and 103 correct the reference to the Short Title of the Political Offices Pension Act 1869.

Misprints should be corrected. I am reminded of my history lessons long ago when I see a reference to Poyning's Law going back to 1495. This brought about a significant change in our legal system at the time, to provide that English law would take precedent over the old Irish law.

We will repeal Poyning's Law tonight.

It is about time.

Although there are few of us here we are doing something historic.

I am intrigued by the reference to Analecta Hibernica. What is it?

It is a legal textbook.

I am delighted to be associated with the repeal of Poyning's Law.

Amendment agreed to.

I move amendment No. 34:

In page 89, in the second column, line 35, to delete "in that year".

Amendment agreed to.

I move amendment No. 35:

In page 90, in the second column, line 46, to delete "For division" and substitute "Division".

Amendment agreed to.

I move amendment No. 36:

In page 95, in the second column, line 38, to delete "after" and substitute "thereafter".

Amendment agreed to.

I move amendment No. 37:

In page 101, to delete lines 26 to 28 and to substitute the following:

"

1428 (7 Hen. 3) c. 13* [P.R.O. vol. 2] (*2nd statute “c. 13”)

None to sell victuals, etc., to enemies without licence

".

This amendment deals with the selling of victuals to enemies without licence. Will that apply during the election campaign? In case it does we had better repeal it.

Amendment agreed to.

I move amendment No. 38:

In page 102, in the second column, line 36, to delete "patents" and substitute "patent".

Amendment agreed to.

I move amendment No. 39:

In page 102, in the second column, line 39, to delete "patents" and substitute "patent".

Amendment agreed to.

I move amendment No. 40:

In page 102, in the second column, line 42, to delete "patents" and substitute "patent".

Amendment agreed to.

I move amendment No. 41:

In page 102, in the second column, line 45, to delete "patents" and substitute "patent".

Amendment agreed to.

I move amendment No. 42:

In page 103, in the second column, line 24, to delete "patents" and substitute "patent".

Amendment agreed to.

I move amendment No. 43:

In page 104, in the second column, line 23, to delete "patents" and substitute "patent".

Amendment agreed to.

I move amendment No. 44:

In page 104, in the second column, line 41, to delete "patents" and substitute "patent".

Amendment agreed to.

I move amendment No. 45:

In page 108, in the second column, line 47, to delete "patents" and insert "patent".

Amendment agreed to.

I move amendment No. 46:

In page 110, in the second column, line 4, to delete "&" and substitute "and".

Amendment agreed to.

I move amendment No. 47:

In page 112, in the second column, lines 4 and 5, to delete "8th year of the King" and substitute "8 Hen. 6".

Amendment agreed to.

I move amendment No. 48:

In page 116, in the second column, line 3, to delete "35th year" insert "35 Hen. 6".

Amendment agreed to.

I move amendment No. 49:

In page 122, in the second column, line 54, to delete "patents" and substitute "patent".

Amendment agreed to.

I move amendment No. 50:

In page 160, in the second column, line 20, to delete "As to entrenching" and insert "Entrenching of".

Amendment agreed to.

I move amendment No. 51:

In page 161, in the first column, line 40, after "[c. 1]" to insert "[Analecta Hibernica No. 29]”.

Amendment agreed to.

I move amendment No. 52:

In page 163, in the first column, line 25, after "[c. 1]" to insert "[Analecta Hibernica No. 29]”.

Amendment agreed to.

Amendments Nos. 54, 56 to 60, inclusive, 62 to 70, inclusive, 74, 76 to 80, inclusive, 85 to 87, inclusive, 90 to 92, inclusive, 104 to 109, inclusive, and 111 to 113, inclusive, are related to amendment No. 53 and will be discussed together.

I move amendment No. 53:

In page 168, between lines 22 and 23, to insert the following:

"

1495 (10 Hen. 7) c. 22 [1494-95 (10 Hen. 7) Analecta Hibernica c. 39]

Poynings’ Law

Poynings’ Act 1495”

".

These amendments insert a number of Acts into Schedule 2, the list of Acts to be repealed. These Acts were previously recorded by one or more of the leading source reference texts such as the Northern Ireland Chronological Tables, the HMSO Chronological Tables or Cullinan's, The Irish Statutes, as either already repealed or not applicable to Ireland. However, following recent further analysis of the purported repealing Acts, it has become apparent that these Acts apply to Ireland and have not been fully repealed and that some part, however minor or inoperative, remains in force. However, in each case, the residue is suitable for repeal, as it is obsolete. Attention should be drawn, in particular, to Poynings’ Act 1495 which can now be fully repealed. It provided that all pre-1495 English statute law applied in general to Ireland. We are taking the opportunity to repeal the Act. I am glad to have the opportunity to commend the amendment to the House. The repeal of Poynings’ Act will not mean the automatic repeal of any Act applied by that law that is part of the Statute Book currently. This is made clear in the saver clause of section 9(3) of this legislation.

It is time to consign Poynings' law to the history books as no longer applicable after almost 600 years. It is good to see we are doing this and I am delighted to be part of it.

With regard to the other amendments, it is clear the statutes no longer have much application to Ireland such as the Courts Martial and Troops of the East India Company Act 1810. Whatever about ongoing dissension within a certain political party, it would not be dealt with under this Act. I am happy to be a party to deleting many of these redundant laws from the Statute Book.

Amendment No. 80 inserts an Act of 1810 relating to courts martial and troops of the East India Company into Schedule 2. This Act was previously recorded as having been repealed by an Act of 1881. However, on further analysis of this Act, it became apparent that a saver clause prevented it from being fully repealed. The remaining provisions are suitable for repeal.

Amendment agreed to.

I move amendment No. 54:

In page 171, between lines 6 and 7, to insert the following:

"

1698 (10 Will. 3) c. 2

Butter and butter casks

".

Amendment agreed to.

I move amendment No. 55:

In page 171, to delete lines 48 and 49.

Amendment agreed to.

I move amendment No. 56:

In page 172, between lines 39 and 40, to insert the following:

"

1743 (17 Geo. 2) c. 11

Forgery: marine salvage

".

Amendment agreed to.

I move amendment No. 57:

In page 172, between lines 46 and 47, to insert the following:

"

1749 (23 Geo. 2) c. 12

Tithes and parish clerks

".

Amendment agreed to.

I move amendment No. 58:

In page 173, between lines 36 and 37, to insert the following:

"

1759 (33 Geo. 2) c. 11

Parish clerks: sites for churches

".

Amendment agreed to.

I move amendment No. 59:

In page 173, between lines 38 and 39, to insert the following:

"

1759 (33 Geo. 2) c. 18

Lighting of cities

".

Amendment agreed to.

I move amendment No. 60:

In page 174, between lines 7 and 8, to insert the following:

"

1767 (7 Geo. 3) c. 4

Grand jury presentments for court houses, etc.

1767 (7 Geo. 3) c. 9

Union of parishes, dilapidations, etc.

".

Amendment agreed to.

I move amendment No. 61:

In page 174, in the second column, line 35, after "City" to insert "of Dublin".

Amendment agreed to.

I move amendment No. 62:

In page 174, between lines 41 and 42, to insert the following:

"

1773-74 (13 & 14 Geo. 3) c. 41

Expiring laws: trawling, etc.

1773-74 (13 & 14 Geo. 3) c. 42

Expiring laws: game, etc.

".

Amendment agreed to.

I move amendment No. 63:

In page 176, between lines 4 and 5, to insert the following:

"

1781-82 (21 & 22 Geo. 3) c. 42

Gaols: deputies for recorders

".

Amendment agreed to.

I move amendment No. 64:

In page 176, between lines 18 and 19, to insert the following:

"

1783-84 (23 & 24 Geo. 3) c. 41

Prisons

".

Amendment agreed to.

I move amendment No. 65:

In page 176, between lines 26 and 27, to insert the following:

"

1783-84 (23 & 24 Geo. 3) c. 49

Endowments of parishes, glebe lands, etc.

".

Amendment agreed to.

I move amendment No. 66:

In page 176, between lines 39 and 40, to insert the following:

"

1785 (25 Geo. 3) c. 50

Foundling Hospital, Dublin

".

Amendment agreed to.

I move amendment No. 67:

In page 177, between lines 9 and 10, to insert the following:

"

1789 (29 Geo. 3) c. 27

Churches and glebes

".

Amendment agreed to.

I move amendment No. 68:

In page 177, between lines 10 and 11, to insert the following:

"

1790 (30 Geo. 3) c. 27

Grants for charities: Rotunda Hospital

".

Amendment agreed to.

I move amendment No. 69:

In page 178, between lines 6 and 7, to insert the following:

"

1797 (37 Geo. 3) c. 54

National Debt

".

Amendment agreed to.

I move amendment No. 70:

In page 178, between lines 26 and 27, to insert the following:

"

1800 (40 Geo. 3) c. 27

Maintenance of curates

".

Amendment agreed to.

I move amendment No. 71:

In page 183, in the second column, line 56, to delete "Forbidden to transgress" and substitute "Forbids transgression".

Amendment agreed to.
Bill reported with amendments.

I move amendment No. 71a:

In page 184, in the second column, line 41, to delete "of bleacher" and substitute "or bleacher".

This is an amendment to correct a clerical error found in the current draft of the Bill. The amendment substitutes the word "or" for "of" on page 184.

The Bill must be correct to the last letter and I support the amendment.

Amendment agreed to.
Bill recommitted in respect of amendments Nos. 72 to 113, inclusive.

I move amendment No. 72:

In page 187, in the second column, line 36, after "Disafforested" to insert "land".

Amendment agreed to.

I move amendment No. 73:

In page 187, in the second column, line 48, to delete "his".

Amendment agreed to.

I move amendment No. 74:

In page 193, between lines 29 and 30, to insert the following:

"

1425 (3 Hen. 6) c. 3

Customs

".

Amendment agreed to.

I move amendment No. 75:

In page 193, to delete line 30.

Amendment agreed to.

I move amendment No. 76:

In page 194, between lines 22 and 23, to insert the following:

"

1692 (4 Will. & Mar.) c. 24

Estreats

".

Amendment agreed to.

I move amendment No. 77:

In page 194, between lines 26 and 27, to insert the following:

"

1702 (1 Ann.) c. 1

Crown lands

Crown Lands Act 1702

".

Amendment agreed to.

I move amendment No. 78:

In page 195, between lines 19 and 20, to insert the following:

"

1753 (26 Geo. 2) c. 34

Cattle distempter, vagrancy, Marshalsea Prison, etc.

1757 (30 Geo. 2) c. 1

Exportation

".

Amendment agreed to.

I move amendment No. 79:

In page 195, between lines 22 and 23, to insert the following:

"

1758 (32 Geo. 2) c. 2

Exportation, etc.

".

Amendment agreed to.

I move amendment No. 80:

In page 197, between lines 16 and 17, to insert the following:

"

1810 (50 Geo. 3) c. 87

Courts-martial on troops of East India Company

".

Amendment agreed to.

I move amendment No. 81:

In page 198, in the second column, line 42, to delete "Ordination" and insert "Ordinations".

Amendment agreed to.

I move amendment No. 82:

In page 199, to delete lines 20 and 21.

Amendment agreed to.

I move amendment No. 83:

In page 200, to delete lines 16 to 18.

Amendment agreed to.

I move amendment No. 84:

In page 200, to delete line 39.

Amendment agreed to.

I move amendment No. 85:

In page 201, between lines 34 and 35, to insert the following:

"

1830 (11 Geo. 4 & 1 Will. 4) c. 19

Fever hospital (Ireland)

".

Amendment agreed to.

I move amendment No. 86:

In page 203, between lines 12 and 13, to insert the following:

"

1838 (1 & 2 Vict.) c. 120

Tin duties

Tin Duties Act 1838

1839 (2 & 3 Vict.) c. 4

Estates of Duke of Wellington

".

Amendment agreed to.

I move amendment No. 87:

In page 203, between lines 26 and 27, to insert the following:

"

1840 (3 & 4 Vict.) c. 78

Clergy reserves in Canada

".

Amendment agreed to.

I move amendment No. 88:

In page 204, to delete line 6.

Amendment agreed to.

I move amendment No. 89:

In page 204, to delete lines 24 and 25.

Amendment agreed to.

I move amendment No. 90:

In page 204, between lines 39 and 40 to insert the following:

"

1846 (9 & 10 Vict.) c. 98

Pawnbrokers

".

Amendment agreed to.

I move amendment No. 91:

In page 204, between lines 46 and 47, to insert the following:

"

1847 (10 & 11 Vict.) c. 37

Time of service in the Army

".

Amendment agreed to.

I move amendment No. 92:

In page 205, between lines 34 and 35, to insert the following:

"

1851 (14 & 15 Vict.) c. 12

Income tax

Income Tax Act 1851”

".

This relates to income tax. Does this mean the Government is abolishing income tax by repealing this Act?

The Act was believed to have been repealed by two Acts. However, following recent further analysis of the Acts that purport to repeal this Act, it has become clear that the Long Title has not been repealed. It is now suitable for repeal following the repeal of all sections of the Act.

Following the splurge of promises at the Fianna Fáil Ard-Fheis, I thought the party might be going the whole hog to abolish income tax. I see that is not so. Income tax was first introduced at a rate of six pence in the pound as a temporary measure by William Pitt to pay for the Napoleonic war. Sight has been lost of the temporary nature of the tax.

I wonder whether it was a contract with the people.

People will be able to totally and fully rely on our contract, unlike an alleged temporary tax.

Amendment agreed to.

I move amendment No. 93:

In page 205, to delete lines 39 and 40.

Amendment agreed to.

I move amendment No. 94:

In page 207, in the second column, line 43, after "Medical" to insert "regulation".

Amendment agreed to.

I move amendment No. 95:

In page 208, in the second column, line 3, after "Medical" to insert "regulation".

Amendment agreed to.

I move amendment No. 96:

In page 208, between lines 12 and 13, to insert the following:

"

1860 (23 & 24 Vict.) c. 94

Militia (storehouses)

Militia (Storehouses) Act 1860

".

Amendment agreed to.

I move amendment No. 97:

In page 208, to delete lines 33 and 34.

Amendment agreed to.

I move amendment No. 98:

In page 209, between lines 2 and 3, to insert the following:

"

1863 (26 & 27 Vict.) c. 35

South African offences

South African Offences Act 1863

".

Amendment agreed to.

I move amendment No. 99:

In page 209, between lines 26 and 27, to insert the following:

"

1864 (27 & 28 Vict.) c. 77

Ionian States Acts of Parliament

".

What were the Ionian States Acts of Parliament?

This Act was listed as not applicable to Ireland. However, on analysis of its provisions it has become apparent that it has applicability to the United Kingdom generally, without express exclusion to Ireland. However, it is now suitable for repeal as it no longer retains relevance to Ireland post-independence.

Amendment agreed to.

I move amendment No. 100:

In page 210, between lines 20 and 21, to insert the following:

"

1866 (29 & 30 Vict.) c. 64

Inland revenue

".

Amendment agreed to.

I move amendment No. 101:

In page 210, to delete lines 47 to 50.

Amendment agreed to.

I move amendment No. 102:

In page 211, in the second column, line 26, to delete "officers" and substitute "offices".

Amendment agreed to.

I move amendment No. 103:

In page 211, in the third column, line 26, to delete "Police" and substitute "Political".

Amendment agreed to.

I move amendment No. 104:

In page 211, between lines 27 and 28, to insert the following:

"

1869 (32 & 33 Vict.) c. 71

Bankruptcy

Bankruptcy Act 1869

".

Amendment agreed to.

I move amendment No. 105:

In page 213, between lines 2 and 3, to insert the following:

"

1874 (37 & 38 Vict.) c. 24

Harbour of Colombo Loan

Harbour of Colombo Loan Act 1874

".

Amendment agreed to.

I move amendment No. 106:

In page 216, between lines 20 and 21, to insert the following:

"

1887 (50 & 51 Vict.) c. 66

Bankruptcy (discharge and closure)

Bankruptcy (Discharge and Closure) Act 1887

".

Amendment agreed to.

I move amendment No. 107:

In page 217, between lines 10 and 11, to insert the following:

"

1891 (54 & 55 Vict.) c. 61

Schools for science and art

Schools for Science and Art Act 1891

".

Amendment agreed to.

I move amendment No. 108:

In page 218, between lines 6 and 7, to insert the following:

"

1896 (59 & 60 Vict.) c. 38

Uganda Railway

Uganda Railway Act 1896

".

Amendment agreed to.

I move amendment No. 109:

In page 219, between lines 16 and 17, to insert the following:

"

1902 (2 Edw. 7) c. 40

Uganda Railway

Uganda Railway Act 1902

".

Amendment agreed to.

I move amendment No. 110:

In page 221, to delete lines 3 and 4.

Amendment agreed to.

I move amendment No. 111:

In page 223, between lines 43 and 44, to insert the following:

"

1915 (5 & 6 Geo. 5) c. 61

Government of India

Government of India Act 1915

".

Amendment agreed to.

I move amendment No. 112:

In page 226, between lines 28 and 29, to insert the following:

"

1919 (9 & 10 Geo. 5) c. 43

Government of the Soudan Loan

Government of the Soudan Loan Act 1919

".

Amendment agreed to.

I move amendment No. 113:

In page 227, between lines 39 and 40, to insert the following:

"

1922 (12 & 13 Geo. 5) c. 15

Government of the Soudan Loan

Government of the Soudan Loan (Amendment) Act 1922

".

Amendment agreed to.
Bill reported with amendments.
Bill, as amended, received for final consideration.
Question proposed: "That the Bill do now pass."

It is clear this process involved lengthy and careful analysis of thousands of statutes and it is appropriate to remember, now that it is heading for the Statute Book, the dedicated work of all the officials and I compliment them all.

I thank Deputy Jim O'Keeffe and his colleagues in this and the other House for their participation in the debate. It has been an enormous undertaking for the staff and is a timely reminder of the ongoing need to update our legislation and to make it user friendly, to simplify it, to modernise it, to consolidate and reform it. It has been an enjoyable experience for me, as has working with the officials and our team of experts.

This Bill is part of a broader regulatory agenda being pursued by the Taoiseach in Regulating Better. The Bill is the biggest single statute law revision ever taken in the State and, on enactment, it will have a dramatic effect on the volume of material on the Statute Book, repealing some 3,226 statutes, far more than any other previous statute law revision measure. In fact it is more than the entire number of public general Acts of the Oireachtas enacted since Ireland achieved independence in 1922.

I acknowledge the work of the team of officials in the Office of the Attorney General who engaged in detailed and considerable research to identify both the statutes for retention and those for repeal. The research involved the identification and assessment of over 60,000 pieces of legislation. It has been a complex task to identify those Acts that still apply to Ireland and to ascertain whether they are suitable for repeal. Much work has been done by many people and I thank all of them. I also thank Deputies and the Ceann Comhairle for giving the Bill the attention it deserves and for their detailed and insightful comments.

Question put and agreed to.