This amendment brings us to the heart of the debate we had on Second Stage. Although this amendment is straightforward, its consequences are impressive. Government amendment No. 3 replaces the existing Schedule, containing 91 Acts, with a new Schedule, containing 218 Acts to be repealed.
As Senators will recall from my Second Stage speech, that the initial research by the statute law revision unit, or SLRU, carried out during 2003 and 2004, focused on the source of legislation known as the Statutes Revised, to ascertain the extent to which the pre-1922 legislation was still in force in Ireland. As a result of this review, approximately 110 Acts were identified by the statute law revision unit to be in possible need of repeal, on the basis that they were in force, but on a preliminary view were not of practical utility.
A public web-based consultation process was undertaken, which lasted several months. Departments were also supplied with a list of legislation relevant to their respective areas. They were asked for their opinion on the preliminary view formed by the SLRU regarding their suitability for repeal. The result of that exercise was the list of legislation set out in the original Schedule to this Act, which it is now proposed to replace through this amendment.
Since the Bill was published on 25 November 2004, the Attorney General's office has continued its detailed research in order to effectively determine the exact status of each Act enacted prior to 1922. The Office of the Attorney General has been re-examining pre-Union Irish Statutes, and also the more comprehensive information resource known as the Statutes of the Realm, which now comprises the annual volumes of UK legislation. This contains the text of Acts that may have been repealed as to England, but are still in force in this jurisdiction.
I would like to point out to the House that the public were once again made aware of this research and the wider Acts that had been identified for repeal, and consultations were held again with the relevant Departments. Tremendous work has been carried out in a brief period in order to identify the additional Acts now proposed for repeal.
I will take Senators briefly through the Schedule, which is divided into four parts. Part I repeals the "Pre-Union Irish Statutes", which comprise statutes made by any Parliament sitting in Ireland between 1310 and 1800. Fortunately, a great deal of legislative spring cleaning has taken place concerning these statutes. A significant number of them have already been repealed by three previous Acts, namely, the Statute Law Revision (Ireland) Acts of 1878 and 1879, and the Statute Law Revision (Pre-Union Irish Statutes) Act 1962.
Part 2, in essence, contains two categories of statute, namely, Acts of the English Parliament passed before and after Poynings' Act of 1495. As Senators will see from the titles, much of this legislation dates from the 13th century and deals with matters relating to the Crown, felons, ancient customs and traditions, the administration of justice, religion, treason and excommunication, to name but a few. It is fascinating but certainly obsolete. In fact, much of it has already been repealed in England.
Part 3 contains a number of Acts from the period following the Act of Union with Scotland in 1707. Legislation from 1707 onwards is referred to as British rather than English.
Part 4 contains United Kingdom legislation from 1801 to 1922. During this period, sole legislative authority for Ireland was vested in the United Kingdom Parliament. The question as to whether any particular Act from this period applied to Ireland is not always easy to answer. Many Acts, especially in the Victorian era, expressly provided for their territorial application. In other cases, the application or otherwise to Ireland appears from the context. The research methodology used by the statute law revision unit in determining whether an Act was applicable to Ireland, was that unless it could clearly be said that an Act did not apply to Ireland, it should be considered as potentially applying and, therefore, could be considered for repeal.
A considerable number of Acts are included for repeal in Part 4, with a great variety of subject matters, including trade, manufacturing, health and safety, finance, justice, defence and education. While they reflect the society they regulated, that society has long since been transformed.
Unfortunately, we do not have the opportunity today to deal with each individual one, but the Office of the Attorney General has kindly provided us with a brief synopsis of each of the 218 Acts listed for repeal in this revised Schedule. Clearly, the many additional Acts have simply served their purpose, not decades, but centuries ago.
I am sure Senators will see many important items in the list of Acts to be repealed. On a personal note, I found the titles of a great number of the Acts to be repealed were fascinating. The list allows us a glimpse into the minds of parliamentarians, as legislators, in those times. It also permits us to sample a flavour of life in centuries past. We take for granted our comforts and all the protections modern legislation affords us. We have become more tolerant, I hope, and more careful and protective of all our citizens, especially the old and the infirm.
In particular, I welcome the repeal in this Bill of two Statutes of uncertain date — they are believed to have been enacted in the 14th century during the reign of Edward II — with the offensive titles of "Lands of idiots and lunatics". It is no longer appropriate to have such legislation on our Statute Book and the removal of such antiquated and insulting material will affirm the respect the State owes to all its citizens, regardless of their circumstances.
Yesterday, the Law Reform Commission launched its most recent paper on vulnerable adults and the law. It has recommended that phrases such as "idiot", "lunatics" and "those of unsound mind" should be removed from all legislation dealing with the capacity of people with mental disabilities. In this respect, it is most opportune that this House is today complying with that obligation.
I am also happy to report that the Criminal Law (Insanity) Bill 2002, as passed by this House, will repeal a number of obsolete pieces of legislation, including the Criminal Lunatics Act 1800 and the Trial of Lunatics Act 1883.
The list of Acts to be repealed contains many interesting legislative items.
