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Statute Law Revision, Codification and Related Policies in Ireland

Published online by Cambridge University Press:  28 February 2019

Edward Donelan
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Extract

This article examines the development of a policy by the Government of Ireland on the modernization of its statute law and describes recent developments in statute law revision and related policies in Ireland. In theory, the ideal and ultimate aim of such a policy should be the development of an easily accessible code.

In practice, there is no political requirement for such grandiose idealism and what is taking place is much more pragmatic and modest. The article places these policies in the wider context of the modernization of government and anticipates some of the likely developments to emerge in this field in Ireland in the next 5 years.

Type
Articles
Information
International Journal of Legal Information , Volume 29 , Issue 2 , Summer 2001 , pp. 323 - 354
Copyright
Copyright © 2001 by the International Association of Law Libraries 

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References

1 Halsbury's Laws of England Vol 44 (1995) (London) para 1225.Google Scholar

2 Strictly speaking there is no statute book as such but it is easier to speak of a statute book than list all the different sources that make up Irish statute law.Google Scholar

3 Statutes and statutory instruments from 1922 to 1998 are available on a CD ROM.Google Scholar

4 E.g. Social Welfare (Consolidation) Act, 1993, will be updated in 2003.Google Scholar

5 The position compares unfavorably with Canada and Australia where ate a Federal and State level laws are revised regularly making their statute books at Federal and State level very accessible.Google Scholar

6 124 Dail Debates cols 1134 - 1135 (6 March 1951).Google Scholar

7 Law Reform Commission Act, 1975 (No. 3 of 1975).Google Scholar

8 Statute Law Revision Act, 1983 (No. 11 of 1983).Google Scholar

9 The Title of the Unit was changed by the Director with the approval of the Management Advisory Committee to the Statute Law Revision Unit on the basis that the term revision encompassed consolidation.Google Scholar

10 Edward Donelan, M.A., Dip. Eur. Law, Dip. Arb., barrister-at-law.Google Scholar

11 The Unit was established in accordance with Government Decision S.29588E of 24 February, 1998, which accepted the recommendations for a law revision and consolidation unit as set out in the Report of the Review Group on the Law Offices of the State.Google Scholar

12 The requirement to prepare some form of cost benefit analysis for these projects is unusual.Google Scholar

13 On his appointment the Director had consultations with most of the Secretary Generals General's of Departments, heads of Offices and Assistant Secretaries.Google Scholar

14 Despite the establishment of the Unit in the period February 1999 and March 2000 no resources were allocated to the Unit apart from the assignment of the Director and a law graduate on contract who was contracted only to keep the Chronological Tables to the Statutes and Statutory Instruments up to date. At the time of writing this situation is set to improve but it will still only be capable of undertaking a modest programme.Google Scholar

15 Discussions between Director and Secretaries General, 1999/2000.Google Scholar

16 In 1994 the then Taoiseach (Prime Minister) Albert Reynolds announced a programme of modernizing the civil service known as the Strategic Management Initiative.Google Scholar

17 It was eventually published in 1999.Google Scholar

18 Announced by the Taoiseach as Government policy and published I July, 1999.Google Scholar

19 Announced by the Taoiseach and published in July 1999.Google Scholar

20 See O.E.C.D. Report on Regulatory Reform June 1997.Google Scholar

21 See FreerMarketsMore Rules: Regulatory Reform in Advanced Industrial Countries, Vogel, S, Cornell (Ithaca and London) (1996).Google Scholar

22 Vogel. S Freer Markets, More Rules Regulatory Reformin Advanced Industrial Countries, Cornell, 1996.Google Scholar

23 O.E.C.D. report on Regulatory Reform Vol 1: Sectoral Studies and Vol 2: Thematicv Studies O.E.C.D. (1997).Google Scholar

24 Countries reviewed include United States, Mexico, Spain, Japan, Korea, Denmark, Hungary, Italy, Greece, Ireland (2000).Google Scholar

25 Ibid., p. 7.Google Scholar

26 For example, see Reprints Act, 1972 (New South Wales).Google Scholar

27 See debates 15th and 20th June, 2000.Google Scholar

28 Enactments means Acts or instruments made under an enactment.Google Scholar

29 The Preparation of Legislation (Report of a Committee Appointed by the Lord President of the Council Cmnd 6053 “the Renton Report.” Paragraph 14.15.Google Scholar

30 Driedger on the Construction of Statutes 3rd ed Sullivan R. (Toronto) (1994).Google Scholar

31 The Bill had to be abandoned before it was completed due to lack of resources.Google Scholar

32 This is easily done in British Columbia because statute law is revised completely every decade. The problem is that statute law has never been revised in Ireland.Google Scholar

33 Statute Revision Act [RSBC 1996] Chapter 440.Google Scholar

34 The case for codification was well put by Cutcheon, J.P Mc and Quinn, Katie in Modifying Criminal Law in Ireland, Statute Law Review, Vol. 19, No. 3 P. 131, 1998.Google Scholar

35 Discussions on codification included a paper on the codification of Canon law that took ten years but no easy answers were presented and without a political imperative codification will remain a pipe dream.Google Scholar

36 Faut il Codifier le droit. Revue Francaise d'Administration Publiqu No 82 June 1997.Google Scholar