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Dáil Éireann díospóireacht -
Thursday, 15 Dec 1949

Vol. 118 No. 16

Ceisteanna—Questions. Oral Answers. - Consolidation and Revision of Laws.

asked the Taoiseach whether he is aware that the Statute Book is cluttered up with laws that ought to be repealed, and that there is an urgent need for codification and revision of our criminal and civil laws, and whether he will indicate to Dáil Éireann whether the Government intend at an early date to put in hands the work of codifying and revising our laws and of making them easily accessible to the people.

It is assumed that the Deputy intends to refer to the process of consolidation when he refers in his question to condification. By consolidation is meant the bringing into one statutory measure all the existing law on any particular subject matter. Statute-law revision, while related to consolidation in general, is a separate step in the process, and refers to the repeal of the dead statutes. Apart from the Fisheries (Statute Law Revision) Act, 1949, which was enacted on the 17th of last month, no Statute Law Revision Act has been passed by the Oireachtas since 1922; minor repeals have, however, been effected in the schedules to several of our enactments.

There is no doubt that the Statute Book is cluttered up with laws which ought to be repealed and that a consolidation of our statute law is highly desirable. The process of consolidation in particular is, however, a long-term one in which the results will not be seen for many years. The matter was taken up some years ago and a scheme was formulated in which a law-publishing firm were to publish the statutes in force; the scheme would have necessitated the enactment of a number of Statute Law Revision Acts. Unfortunately, however, the law publishers did not proceed with the work, and no further action has been possible to forward the completion of this project.

The parliamentary draftsman's office has undertaken the preparation of some consolidation measures—notably one in connection with the fishery laws—and the Deputy will appreciate from that consolidating Bill the tedious nature of the work involved. This work in the parliamentary draftsman's office has to yield in priority to the claims of current legislation, but it is hoped that the work of consolidation and revision will be put on a more satisfactory basis with a view to achieving the end which the Deputy has in mind, and with which there will be general agreement. I would reiterate, however, that the final result could not be achieved for years.

Will the Taoiseach consider availing of the assistance of a Committee of the House in regard to that matter?

I am afraid a Committee of the House would be of no avail in connection with this matter. It is a highly technical matter, involving research by experts in the draftsman's office, and I think that it would not be forwarded by the services, however eminent the members might be, of a Committee formed from the House.

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