The Statute Law Revision Act 2007 is an Act of the
Oireachtas
The Oireachtas ( ; ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas (): a house ...
of
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
which repealed a large amount of pre-1922 legislation of Ireland, England, Great Britain and the United Kingdom while preserving a shorter list of statutes. The Act was the largest single
Statute Law Revision Act or repealing measure ever enacted internationally.
Background
Prior to the 2007 Act, statute law revision had been sporadic since Irish independence in 1922. The
Statute Law Revision (Pre-Union Irish Statutes) Act 1962 was one major such Act which repealed obsolete legislation of the
Parliament of Ireland, which had provided that the Kings of England should be Kings of Ireland (from 1951 called in Northern Ireland the
Crown of Ireland Act 1542), together with certain others from 1459 to 1800. Following this, the Statute Law Revision Act 1983 was the last major Act repealing pre-1922 statutes before the current phase of statute law revision, which commenced in 2003 and which also saw the enactment of an initial Act, the
Statute Law Revision (Pre-1922) Act 2005
The Statute Law Revision (Pre-1922) Act 2005 (No. 32 of 2005) is an Act of the Oireachtas. Section 1 of the Act, with the Schedule, repeals statutes of Ireland, England, Great Britain and the United Kingdom of Great Britain and Ireland. The Act r ...
.
Scope
The
Attorney General of Ireland examined 26,370 public general statutes enacted before the creation of the
Irish Free State
The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...
in 1922. Of these 9,219 were already wholly repealed prior to 1 May 2007, and 12,562 were not applicable to Ireland. This left 4,589 statutes still in force, of which 3,225 were to be repealed by the Act and were listed in Schedule 2, some of which were in any case by then unconstitutional. The Act repealed all public general statutes enacted before 6 December 1922, listed or not, except for 1,364 explicitly in Schedule 1 of the Act; these were given short names where they did not already have them.
Private, local or personal Acts remained in force, with many of these repealed in the
Statute Law Revision Act 2009.
The number of Acts repealed in this one piece of legislation exceeded the number of public general Acts passed after 6 December 1922 (the start of the Irish Free State) up to 1 May 2007 (3,189).
Acts repealed
Among the numerous acts repealed were
Poynings' Act 1495, the
Government of Ireland Act 1920, the
Irish Free State (Agreement) Act 1922 and the
Irish Free State Constitution Act 1922.
Acts retained
Among the older acts retained were the
Great Charter of Ireland (the Irish version of
Magna Carta
(Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
) and the
Mayor of Dublin Act 1229. The
Counties of Meath and Westmeath Act 1543, which partitioned Meath in two, was also retained; as was the English
Bill of Rights 1688, however it was partly repealed, including the provision that guaranteed
Protestants the
right to bear arms. The Marriage (No. 2) Act 1537 (28 & 29 Hen. 8. c. 17 (I)) was also retained and this retention has been the subject of academic criticism from Dr Maebh Harding.
Subsequent statute law revision programme
Following the 2007 Act, the Oireachtas enacted further legislation dealing with Local and Personal and Private Acts enacted pre-1922, the
Statute Law Revision Act 2009 and the
Statute Law Revision Act 2012.
See also
*
Statute Law Revision (Pre-Union Irish Statutes) Act 1962
Sources
Act and explanatory memorandum
References
{{Reflist
2007 in Irish law
Acts of the Oireachtas of the 2000s
Legal history of Ireland
Statute Law Revision 2007