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Dáil Éireann díospóireacht -
Thursday, 14 Dec 1922

Vol. 2 No. 6

ADAPTATION OF BRITISH ENACTMENTS BILL. - THE PREAMBLE.

Now, in the preamble are there any amendments to be moved?

I suggest it is necessary that an amendment to the preamble be made in order to make provision for what we have in Sections 14 and 15 of the Bill. The preamble appears to be confined entirely to Acts. Even the title is confined entirely to Acts, but under Sections 14 and 15 we have gone beyond that, and we are adapting pending Government contracts and the application of statutory rules, orders and regulations. Therefore, I would suggest generally that words of some kind be introduced into the title and the preamble to cover that point. I think it is a general rule of Parliamentary procedure and construction of Statutes that the preamble ought at least be wide enough to cover everything included in the Bill. I will suggest you would include the words "orders, regulations and other matters," or words to that effect. I have not thought it out sufficiently carefully to endeavour to impose an amendment on the Government, but if they would consider what I have said and make an amendment on the Report Stage in some such words as they consider most advisable it would be very desirable.

I beg to move the preamble of the Bill, which states:—"To interpret and to adapt to the circumstances of Saorstát Eireann certain Acts of the British Parliament having the force of law in Saorstát Eireann.

WHEREAS it is provided by Article 73 of the Constitution of Saorstát Eireann that subject to that Constitution and to the extent to which they are not inconsistent therewith the laws in force in Saorstát Eireann at the date of the coming into operation of that Constitution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended by enactment of the Oireachtas.

AND WHEREAS all Acts passed by the British Parliament which were in force on the 6th day of December, 1922 (being the date of the coming into operation of the Constitution aforesaid) in the area now comprised in Saorstát Eireann will by virtue of the said Article 73 have the force of law in Saorstát Eireann.

AND WHEREAS it is necessary in order to enable such Acts to have full force and effect in Saorstát Eireann that certain interpretations and adaptations of such Acts should be made.

BE it therefore enacted by the Oireachtas of Saorstát Eireann as follows."

Motion made and question put:—"That the preamble as set out in the draft stand part of the Bill."

Agreed.

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