Bill to repeal statute laws dating back to Henry VIII

THE INTERVENTION of the Guinness family resulted in the reopening of Dublin’s St Stephen's Green to the public, Minister of State Pat Carey revealed in the Dáil.

Introducing legislation to revise statute law, Mr Carey said that one of the Acts covered dated from 1814 and related to the commons situated in St Stephens Green.

“Thereafter, access to the green was restricted to the public,’’ he added.

“However, in 1877, Sir Arthur Edward Guinness was responsible for the reopening of the green to the public, owing to his financial contribution.’’

Mr Carey said that Arthur Guinness was the great-grandson of the Arthur Guinness being celebrated internationally yesterday. The Statute Law Revision Bill 2009 covered much of the period during which Arthur Guinness was alive – between 1725 and 1803, he added.

“Many of the Acts would have impacted on him and his business,’’ he added.

Mr Carey said the Bill repealed certain statutes of a specified series, enacted on or before December 31st, 1850, which had ceased to have effect or had become unnecessary.

Another interesting Act, he said, was a 1726 measure, enacted under George 1, relating to the naturalisation of George Friedrich Handel and others. It extended to them all the “duties, rights and privileges of natural subjects of the kingdom of Great Britain, as if they were born in the said kingdom”.

Mr Carey said that a 1714 Act enabled the Prince of Wales to qualify himself in Great Britain “for the legal enjoyment of the office of Chancellor of the University of Dublin”.

There were many Acts relating to old railway lines and routes, some of which had been opened again, he added.

Fine Gael’s John Deasy said that the Bill was not just a piece of technical legislation; it was also a slice of Irish history spanning 400 years.

“People may call me a nerd – I have a history degree – but I find some of this fascinating and all of these statutes have their own stories,’’ he added.

Mr Deasy said that it began with the reign of Henry VIII, with Acts regarding the liberty of Wexford, creating weirs upon the Boyne, or building walls, and making Navan a defensible town.

“Most people would still find it incredible that statutes made by King Henry V111 are still part of the law of the land in this country,’’ he added.

“People would not expect this, although it is the case.’’

Mr Deasy said that the Bill revealed how divided Irish society was in the past. It contained numerous references to the Protestant issue.

“We must remember that in 1641 Catholics owned approximately 60 per cent of the land of Ireland,’’ he added.

“By 1776, Catholic land ownership stood at five per cent. This is evidence that a land grab of extraordinary proportions had occurred.’’

Mr Deasy said that there was an Act from 1700 that facilitated the separation of James Earl of Anglesea from his wife, Countess Katharine, by reason of his cruelty.

“It is interesting to note that some 309 years ago, the parliament legislated for a specific instance of domestic violence,’’ he added.