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CONSULTATION PAPER

CLASSIFIED LIST OF LEGISLATION IN IRELAND

(LRC cp 62 - 2010)

© Copyright

Law Reform Commission

FIRST PUBLISHED

December 2010

ISSN 1393-3140

LAW REFORM COMMISSION’S ROLE

The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission’s principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise the law. Since it was established, the Commission has published over 160 documents (Consultation Papers and Reports) containing proposals for law reform and these are all available at www.lawreform.ie. Most of these proposals have led to reforming legislation.

The Commission’s role is carried out primarily under a Programme of Law Reform. Its Third Programme of Law Reform 2008-2014 was prepared by the Commission following broad consultation and discussion. In accordance with the 1975 Act, it was approved by the Government in December 2007 and placed before both Houses of the Oireachtas. The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. Since 2006, the Commission’s role includes two other areas of activity, Statute Law Restatement and the Legislation Directory.

Statute Law Restatement involves the administrative consolidation of all amendments to an Act into a single text, making legislation more accessible. Under the Statute Law (Restatement) Act 2002, where this text is certified by the Attorney General it can be relied on as evidence of the law in question. The Legislation Directory - previously called the Chronological Tables of the Statutes - is a searchable annotated guide to legislative changes, available at www.irishstatutebook.ie. After the Commission took over responsibility for this important resource, it decided to change the name to Legislation Directory to indicate its function more clearly.

Membership

The Law Reform Commission consists of a President, one full-time Commissioner and three part-time Commissioners.

The Commissioners at present are:

President:

The Hon Mrs Justice Catherine McGuinness

Former Judge of the Supreme Court

Full-time Commissioner:

Patricia T. Rickard-Clarke, Solicitor

Part-time Commissioner:

Professor Finbarr McAuley

Part-time Commissioner:

Marian Shanley, Solicitor

Part-time Commissioner:

The Hon Mr Justice Donal O’Donnell, Judge of the Supreme Court

Law Reform Research Staff

Director of Research:

Raymond Byrne BCL, LLM (NUI), Barrister-at-Law

Legal Researchers:

Dannie Hanna BCL (NUI), LLM (Cantab)

Helen Kehoe BCL (Law with French Law) (NUI), LLM (Dub), Solicitor

Donna Lyons LLB (Dub), LLM (NYU)

Tara Murphy BCL (Law with French Law) (NUI), LLM (Essex), Barrister-at-Law

Jane O’Grady BCL, LLB (NUI), LPC (College of Law)

Darelle O’Keeffe LLB (UL), H Dip Soc Pol (NUI), EMA (EIUC)

Helen Whately LLB, LLM (Dub)Siobhan Drislane, BCL, LLM (NUI)

Statute Law Restatement

Project Manager for Restatement:

Alma Clissmann, BA (Mod), LLB, Dip Eur Law (Bruges), Solicitor

Legal Researcher:

Andrew Glynn BBLS (NUI), LLM (Dub)

Legislation Directory

Project Manager for Legislation Directory:

Heather Mahon LLB (ling. Ger.), M.Litt, Barrister-at-Law

Legal Researcher:

Aoife Clarke BA (Int.), LLB, LLM (NUI)

Administration Staff

Executive Officers:

Deirdre Bell

Simon Fallon

Legal Information Manager:

Conor Kennedy BA, H Dip LIS

Cataloguer:

Eithne Boland BA (Hons), HDip Ed, HDip LIS, LLB

Clerical Officers:

Ann Browne

Ann Byrne

Liam Dargan

Principal legal researcher for this CONSULTATION PAPER

Raymond Byrne BCL, LLM (NUI), Barrister-at-Law

CONTACT DETAILS

Further information can be obtained from:

Law Reform Commission

35-39 Shelbourne Road

Ballsbridge

Dublin 4

Telephone:

+353 1 637 7600

Fax:

+353 1 637 7601

Email:

[email protected]

Website:

www.lawreform.ie

ACKNOWLEDGEMENTS

The Commission would like to thank the following people and Departments who provided valuable assistance:

Legal Services, Department of Agriculture, Fisheries and Food

Coordination Unit, Department of Communications, Energy and Natural Resources

Corporate Governance Unit, Department of Community, Equality and Gaeltacht Affairs

Legislation Branch, Department of Defence

Central Policy Unit, Department of Education and Skills

Management Support Unit, Department of Enterprise, Trade and Innovation

Corporate Development Unit, Department of the Environment, Heritage and Local Government

Corporate Services Division, Department of Finance

Legal Services, Commissioners for Public Works in Ireland (Office of Public Works)

David Cooney, Secretary General, Department of Foreign Affairs

Corporate Legislation Unit, Department of Health and Children

Seán Aylward, Secretary General, Department of Justice and Law Reform

Niamh O’Donoghue, Secretary General, Department of Social Protection

Con Haugh, Secretary General, Department of Tourism, Culture and Sport

Management Services Division, Department of Transport

Better Regulation Unit, Department of the Taoiseach

Economic and Social Policy Division, Department of the Taoiseach

Philip Hamell, Assistant Secretary General, Department of the Taoiseach

Mary Timmins, Department of the Taoiseach

Full responsibility for this publication lies, however, with the Commission.

TABLE OF CONTENTS

INTRODUCTION

A Background to the Project

This project arises from the Commission’s general statutory mandate under the Law Reform Commission Act 1975 to keep the law under review, which extends to the development of law, its codification (including its simplification and modernisation) and the revision and consolidation of statute law. It complements the Commission’s work concerning Statute Law Restatement1 and the Legislation Directory.2 The project also reflects the Commission’s ongoing interest in codification of law, which it reiterated in its Third Programme of Law Reform 2008-2014.3

B The eLegislation Group and Consultation with Government Departments

The project also arises more immediately from the Commission’s participation in the Department of the Taoiseach’s eLegislation Group. The eLegislation Group invited the Commission in the second half of 2009 to develop a draft classified list of extant post-1922 legislation in order to identify accurately all Acts enacted by the Oireachtas that remain extant (that is, not repealed).4 Such a classified list would identify related groups of Acts of the Oireachtas (for example, all those dealing with business regulation, employment law or taxation) and assist accessibility for all those affected by the law, whether individuals, businesses or State bodies. The Commission completed an initial draft list in 2010, based on the 36 subject-matter headings described in this Consultation Paper, and this was circulated to Government Departments for comment in September 2010. The Commission is extremely grateful to all 15 Government Departments who provided detailed comments on the Commission’s draft List. In particular, Departments provided corrections concerning the correct assignment of the relevant Department associated with a specific Act or group of Acts, and also suggestions as to reorganising others. As the Commission had indicated to Departments, the revised draft Classified List of post-1922 Acts has been published on the Commission’s website, www.lawreform.ie. This Consultation Paper is intended to provide additional contextual information on the development of the draft Classified List, including how it compares with comparable classified lists or codes of legislation already in place in other States.

C The Better Regulation and Smart Economy Context

The decision by the eLegislation Group to request the Commission to develop a Draft Classified List of Acts in Ireland – and to make it publicly available – arises within the overall context of the Government’s 2004 White Paper, Regulating Better,5 and the 2008 Framework Document, Building Ireland’s Smart Economy.6

The decision relates in particular to two Regulating Better principles, transparency (is regulation accessible to all) and accountability (who is responsible for what). The decision also relates to Action Area 5 of the 2008 Framework Document, Building Ireland’s Smart Economy, in particular smart regulation.7

D Sources for the Draft Classified List of Legislation in Ireland

The Draft Classified List of Legislation in Ireland in the Appendix is based on two sources:

• the draft list of extant post-1922 Acts (compiled by the Commission for the eLegislation Group) that appear to remain in force in Ireland, based on material in the Legislation Directory which forms part of the electronic Irish Statute Book (eISB) website, hosted by the Office of the Attorney General.8

• in respect of the limited number of about 100 pre-1922 Acts included in the Appendix,9 the definitive list of 1,364 pre-1922 Acts that remained in force (whether in whole or in part) as of 2007, set out in Schedule 1 to the Statute Law Revision Act 2007.10

E Basis for the 36 subject-matter headings in the Draft Classified List of Legislation in Ireland

The Draft Classified List of Legislation in Ireland in the Appendix was compiled by the Commission using 36 broad subject-matter headings. These subject-matter headings:

• draw on headings used in the federal United States Code (USC) and the Legislative Code of Maryland11

• broadly correspond to the areas of responsibility of relevant Government Departments

• reflect the existence of Legislative Codes in the majority of EU Member States,12 and

• take into account the relevant areas of legislative activity of the European Union.

F Benefits of a Classified List of Legislation in Ireland

Among the benefits of having a definitive Classified List of Legislation in Ireland are:

• it would make more accessible the laws of the State for citizens, commercial undertakings and State bodies

• it would avoid the unnecessary economic costs (opportunity costs) for both commercial undertakings and State bodies associated with having to conduct repetitive research concerning the legislative state of the law in Ireland

• it would allow each Government Department to maintain a definitive list of Acts within their area of responsibility, facilitating transparency for all those who may need to contact a relevant Department

• it would facilitate ongoing legislative modernisation and codification programmes (including statute law revision, that is, the removal of spent or obsolete Acts)

• it would, in international comparative terms, be in line with the position in many other States, including other common law States such as Ireland (for example, the United States of America) and other Civil Law states where legislative codes are in place.

G Outline of this Consultation Paper

In Chapter 1, the Commission places the development of a Classified List of Legislation in Ireland in the context of the historical and ongoing development of the Irish Statute Book. The Commission examines briefly the development of statutory codes in other states, notably in the United States from the second half of the 19th Century onwards, and the legacy of the Napoleonic Codes of the early 19th century. The Commission also discusses the progress made on the modernisation of the Irish statute book, including the removal of obsolete Acts and the enactment of “mini-codes” of law.

In Chapter 2, the Commission discusses the major subject-matter headings (Titles) in the Federal United States Code (USC). The USC contains 50 major headings, called Titles. There are areas of US law outside federal jurisdiction, such as Family Law, so these matters do not appear in the USC. Instead, they are included in the Legislative Codes of the individual States. The Commission also examines in this Chapter one of the many State legislative codes, the Legislative Code of Maryland. Because these legislative codes are from a country that shares the same common law (British) legal history as Ireland, they are useful comparators for the development of a classified list of legislation in Ireland. The Commission then sets out the 36 subject-matter headings suggested for the draft Classified List.

In Chapter 3, the Commission outlines the content of the legislative codes in a number of European states, in particular France, and the limited legislative code of the European Union. In the European Union (indeed in Europe more generally) only three States - Ireland, the United Kingdom and (to some extent) Malta - are part of the common law (British) family of legal systems. Thus, 24 Member States of the 27 EU Member States are part of the Civil Law family of legal systems. The Civil Law states have been, since the 19th Century, associated with a code-based approach to law, but the Commission’s overview of the current state of legislative codes in European states indicates that the more structured and comprehensive legislative codes of the United States (discussed in Chapter 2) suggest that the US arguably now leads the way in codification.

Chapter 4 sets out the Commission’s provisional recommendations in this Consultation Paper.

The Appendix contains the draft Classified List of Legislation in Ireland, based on the 36 subject-matter headings discussed in the Consultation Paper.

This Consultation Paper is intended to form the basis for discussion concerning the draft Classified List of Legislation in Ireland and therefore the recommendations are provisional in nature. The Commission will make its final recommendations on the draft Classified List following its usual consultation process. Submissions are welcome on the provisional recommendations included in this Consultation Paper and the content of the draft Classified List. To enable the Commission to proceed with the preparation of its Report on this project, those who wish to do so are requested to make their submissions in writing to the Commission or by email to [email protected] by 30 April 2011.

1. THE DRAFT CLASSIFIED LIST AND THE DEVELOPMENT OF THE IRISH STATUTE BOOK

H Introduction

1. In this chapter the Commission places the development of a Classified List of Legislation in Ireland in the context of the development of the “Irish Statute Book.” The Commission examines briefly the development of statutory codes in other states, notably in the United States from the second half of the 19th Century onwards, and the legacy of the Napoleonic Codes of the early 19th century. The Commission also discusses the progress made on the modernisation of the Irish statute book, including the removal of obsolete Acts and the enactment of “mini-codes” of law.

I The Irish Statute Book and the development of Legislative Codes in other States

(1)The Irish Statute Book as a series of Acts

2. The “Irish Statute Book” does not actually currently resemble a “book,” in the sense that it does not consist of a collection of Acts arranged in “chapters” and it is not organised on the basis of related, or classified, subject matter. Instead, the “Irish Statute Book” is a collection of all Acts enacted by the Oireachtas since 1922 that remain in force, as well as those from the pre-1922 era that were carried over in 1922 and which have not been repealed since then. Since 1922, we have not, until now, engaged in a systematic organisation, or classification, of the “Statute Book” under broadly-related subject matters.13 In this respect, the proposal to begin this process of classification of the Acts in Force would mirror the approach that has been in place in some other States around the world, notably the United States of America (discussed briefly below and in Chapter 2).

(2)Tidying the Statute Book in other countries: Common Law and Civil Law States

3. Globally, many countries belong to one of two major “families” of legal systems, the Common Law family of legal systems and the Civil Law family.14 The Common Law countries are the Anglo-Saxon or Anglo-American countries that were connected to Britain or the United Kingdom at some time in their history, so that Ireland is a Common Law state. Other major Common Law countries are the United Kingdom itself, Australia, Kenya, New Zealand and the United States of America. The Civil Law countries comprise most of the states of Continental Europe and their former colonies. These include France, Germany, the Netherlands, Italy, Spain, Portugal and most countries in South America. A small group of countries have, because of their history, features of both the Common Law and Civil Law inheritance; these include Canada, Malta and South Africa.15

4. Common Law countries have long been associated with the comment that its main “laws” were composed of a mixture of legislation and a second type of law made through court decisions, variously referred to as “case law”, “precedent” or “common law.”16 By contrast, and again in broad terms, Civil Law countries such as France and Germany were differentiated on the basis that their laws were based exclusively on comprehensive Codes of Law enacted by their Parliaments. Broadly, such “codification” involves bringing together a country’s existing laws and enacting a more-or-less complete statement of them in a statutory, legislative, form.17 During the 19th Century, codification was also advocated in the United Kingdom, but it suffered in political terms because it was closely associated with the concept of comprehensive codification championed by Napoleon Bonaparte in the aftermath of the French Revolution in the late 18th Century.18

5. While in the 19th Century this broad differentiation between the Civil Law and Common Law countries might have been accurate, it is almost impossible to sustain this in the early 21st Century. Increasingly, a number of Common Law countries have engaged in complete statutory codification of their laws, notably in the United States of America.

(3)Statutory codification in the United States from the 19th Century onwards

6. The United States of America is, like Ireland, a common law country. As in Ireland, the federal laws of the USA, that is, the Acts enacted by the US Congress, are published in annual volumes, the United States Statutes at Large. The text of an Act in the Statutes at Large is the formal legal evidence of the laws enacted by Congress. As with the annual volumes of the Acts of the Oireachtas - and the comprehensive online version, the electronic Irish Statute Book (eISB) - the Statutes at Large contain the text of the Acts of Congress as enacted and do not contain any information on whether an Act has been brought into force or been subsequently amended or repealed.

7. The annual volumes of the United States Statutes at Large continue to be published by the US Congress in the 21st Century. In parallel with this, from the mid-19th Century onwards, codification of its laws came to be regarded as a key matter. At federal level, in 1874 the Revised Statutes of the United States, which was published as a single volume, was approved by the US President and enacted as an Act of Congress. This was intended to provide a complete codification of the federal laws of the United States. In order to have a permanent revision and codification process in place, the Office of the Law Revision Counsel was established in the US House of Representatives in the early 20th Century.

8. Building on the 1874 Revised Statutes of the United States from the early 20th Century onwards, the US Congress has approved the gradual development of the United States Code (USC), which is a compilation and codification of the federal laws of the United States of America. It contains 50 major headings, called Titles, and is published by the Office of the Law Revision Counsel. Similar codification exercises have been developed in the 50 states of the United States. The Legislative Code of Maryland, which was first enacted in 1888, is an example.

9. The contents of the USC and the Legislative Code of Maryland are discussed in more detail below in Chapter 2, but it is notable that these comprehensive codification examples were developed in Common Law states. Indeed, they are comprehensive in scope, unlike the limited Codes in place in Civil Law states such as France and Germany, discussed in Chapter 3, below. While Civil Law states have often been cited as the “homes of codification” - and this was largely true in the early 19th Century – the reality is that, in the early 21st Century, the United States of America, a Common Law state, has the most complete codification of its laws actually in place. It is clear, therefore, that the United States, as a Common Law state, is actually now well ahead of France and Germany in terms of codification of its laws.

(4)19th Century British antipathy to comprehensive codes, acceptance of “mini-codes” and development of an encyclopedia of English law

10. The antipathy to Napoleon and his legacy of codification of French law left a long shadow in the UK during the 19th Century. Although, for example, a complete draft Criminal Code was prepared by an expert Commission,19 it was never enacted into law by the UK Parliament. Nonetheless, towards the end of the 19th Century, a slight mellowing in the UK towards codification came with the enactment of “mini-codes” covering many important areas of law.

11. A number of these mini-codes remain part of the Irish Statute Book in the early 21st Century. Examples of these pre-1922 mini-codes (using examples from the 36 headings in the Draft Classified List in the Appendix) include:

Heading 4 Business Regulation: Industrial and Provident Societies Act 1893

Heading 7 Commercial Law: Bills of Exchange Act 1882; Sale of Goods Act 1893

Heading 9 Courts: Supreme Court of Judicature (Ireland) Act 1877

Heading 10 Criminal law: Offences against the Person Act 1861

Heading 23 Land Law, Succession and Trusts: Trustee Act 1893

Heading 30 Prisons: General Prisons (Ireland) Act 1877

Heading 33 State Finance: Customs Consolidation Act 1876; Public Accounts and Charges Act 1891

Heading 34 State Personnel and Superannuation: Superannuation Act 1876

Heading 36 Transport: Merchant Shipping Act 1894.

1. The only development in the UK that approximated to the codification that occurred in Civil Law States in the 19th Century (and Common Law states, notably, the United States of America, discussed briefly above and in Chapter 2) was the decision in the first decade of the 20th Century by leading UK lawyers of their generation to prepare what was described as a “A Complete Statement of the Whole Law of England” under the general editorship of the then UK Lord Chancellor, Lord Halsbury. The result was Halsbury’s Laws of England, in effect an encyclopedia of English law. Halsbury, which is a commercial publication, is currently in its 5th edition, and remains an invaluable reference text for many, even those outside the UK.20 It differs in important respects from the classified approach adopted in the draft Classified List in the Appendix. Notably, the Classified List contains, for example, in heading 36 all the relevant legislation concerning transport, including air transport, merchant shipping, rail and road transport; by contrast Halsbury contains separate volumes for these matters, separated by their alphabetical location in the encyclopedia.

J Progress in tidying the Irish Statute Book since 1922

1. On Ireland’s independence in 1922, the State inherited the mini-codes enacted towards the end of the 19th Century, as well as all other pre-1922 Acts that applied to Ireland. In the early years of the State, up to the 1950s, a limited number of pre-1922 Acts were replaced by Acts of the Oireachtas. In more recent decades, it is important to note that huge progress has been made in tidying up the Irish Statute Book, in particular by dealing with the legacy of the pre-1922 Acts and replacing them with modern legislation.

(1)Programmes of Law Reform and the role of the Commission

1. This tidying process began to accelerate after the publication in 1962 of the Government’s White Paper entitled Programme of Law Reform,21 which set out for the first time a specific list of proposals for statutory reform with the ultimate intention of having in place an Irish Statute Book comprised exclusively of Acts of the Oireachtas. The 1962 Programme of Law Reform led to a series of important statutory reforms in the 1960s, including the Guardianship of Infants Act 1964 and the Succession Act 1965. A number of other proposals in the 1962 Programme did not come to fruition, primarily because of other immediate legislative priorities in the late 1960s and early 1970s.22 As a result, the Law Reform Commission Act 1975 was enacted, which established the Law Reform Commission as a statutory body, focused exclusively on law reform. Since it was established, the Commission has published over 160 major documents, Consultation Papers and Reports, and most Reports contain draft Bills. These have led to the enactment by the Oireachtas of a large number of reforming Acts, including many that replaced pre-1922 Acts.23 The Commission is currently engaged in its Third Programme of Law Reform 2008-2014. The Commission’s role complements the general law reform activities that comprise general updating of the “Statute Book”. This includes statute law consolidation and reform generally, which often involves the repeal of pre-1922 Acts.

(2)The effect of the Statute Law Revision Act 2007

1. As already mentioned in this Consultation Paper, more recently the general purpose of modernising the statute book has been discussed in the context of Better Regulation and the Smart Economy. This has been influenced by international studies of regulatory reform, including those carried out by the Organization for Economic Co-operation and Development (OECD).

2. In that respect, a major achievement was the enactment of the Statute Law Revision Act 2007,24 which contains a definitive list of 1,364 pre-1922 Acts (of over 26,000 analysed) that remained in force (whether in whole or in part) as of 2007. The 2007 Act also repealed 3,225 pre-1922 obsolete Acts.25 The 2007 Act is a unique type of Statute Law Revision Act in setting out a definitive list of “retained Acts”; all previous Statute Law Revision Acts had contained a list of repealed Acts, whereas the 2007 Act provides the additional enormous benefit of a complete list of pre-1922 Acts, with the ultimate aim of reducing this over time. This makes possible the ambition set out in the 1962 Programme of Law Reform of having a statute book comprised exclusively of Acts of the Oireachtas.

3. Since 2007, the list of pre-1922 Acts in force has been further reduced by the enactment of the Land and Conveyancing Law Reform Act 2009 which repealed in full over 150 pre-1922 Acts listed in the 2007 Act.26 A number of other Acts (the Consumer Protection Act 2007, the Pharmacy Act 2007 and the Water Services Act 2007) have also repealed pre-1922 Acts listed in the Statute Law Revision Act 2007.27 The effect is that, as of 2010, about 1,200 pre-1922 Acts remain in force.28 Since 1922, the Oireachtas has enacted over 3,000 Acts, of which about 2,000 remain in force,29 which means that the Irish Statute Book currently consists of about 3,200 Acts.

(3)Mini-codes in Ireland after 1922

1. Ireland has not, until now, engaged in a complete subject-based classification or codification of the Irish Statute Book. As already mentioned, in the late 19th many individual Acts were, however, enacted which amounted to “mini-codes” containing a complete set of statutory rules concerning the topic in question. Similar “mini-codes” have been enacted since the foundation of the State in 1922. These “mini-codes” correspond very closely to equivalent Acts which form Titles in, for example, the USC or the Legislative Code of Maryland.

2. Examples of these “mini-codes” (both pre-1922 and post-1922, and using examples from each of the 36 headings in the Draft Classified List) include:

   1. Agriculture: Diseases of Animals Act 1966; Wildlife Act 1976

   2. Arts: Arts Act 2003; Broadcasting Act 2009

   3. Business Occupations: Medical Practitioners Act 2007; Pharmacy Act 2007

   4. Business Regulation: Companies Act 1963; Industrial and Provident Societies Act 1893

   5. Citizenship and Equality: Irish Nationality and Citizenship Act 1956; Data Protection Act 1988; Equal Status Act 2000

   6. Civil Liability: Civil Liability Act 1961; Hotel Proprietors Act 1963; Occupiers Liability Act 1995; Arbitration Act 2010

   7. Commercial Law: Bills of Exchange Act 1882; Sale of Goods Act 1893; Bankruptcy Act 1988; Copyright and Related Rights Act 2000; Electronic Commerce Act 2000; Consumer Protection Act 2007

   8. Communications: Communications Regulation Act 2002

   9. Courts: Supreme Court of Judicature (Ireland) Act 1877; Courts of Justice Act 1924; Courts (Supplemental Provisions) Act 1961

   10. Criminal law: Offences against the Person Act 1861; Criminal Damage Act 1991; Criminal Justice (Public Order) Act 1994; Non-Fatal Offences against the Person Act 1997; Criminal Justice (Theft and Fraud Offences) Act 2001

   11. Defence Forces: Defence Act 1954

   12. Education: Education Act 1998

   13. Election: Electoral Act 1992

   14. Employment Law: Employment Equality Act 1998; National Minimum Wage Act 2000

   15. Enterprise: Control of Exports Act 2008

   16. Environment: Environmental Protection Agency Act 1992

   17. Family Law: Guardianship of Infants Act 1964; Family Law (Divorce) Act 1996; Domestic Violence Act 1996

   18. Financial Services: Central Bank Act 1942; Credit Union Act 1997

   19. Foreign Affairs: European Communities Act 1972; Geneva Conventions Act 1962; British-Irish Agreement Act 1999

   20. Garda Síochána: Garda Síochána Act 2005

   21. Health: Irish Medicines Board Act 1995; Mental Health Act 2001; Health Act 2004

   22. Irish Language: Official Languages Act 2003

   23. Land Law, Succession and Trusts: Land and Conveyancing Law Reform Act 2009; Succession Act 1965; Trustee Act 1893

   24. Licensed Sale of Alcohol: Intoxicating Liquor (General) Act 1924

   25. Local Government: Local Government Act 2001

   26. National Government: Ministers and Secretaries Act 1924; Freedom of Information Act 1997; Ombudsman Act 1980

   27. Natural Resources: Fisheries (Consolidation) Act 1959; Canals Act 1986; Water Services Act 2007

   28. Oireachtas and Legislation: Houses of the Oireachtas Commission Act 2003; Interpretation Act 2005

   29. Planning: Planning and Development Act 2000; Housing Act 1966

   30. Prisons: General Prisons (Ireland) Act 1877; Prisons Act 2007

   31. Public Safety: Building Control Act 1990; Chemicals Act 2008; Fire Services Act 1981

   32. Social Welfare and Pensions: Social Welfare Consolidation Act 2005; Pensions Act 1990

   33. State Finance: Customs Consolidation Act 1876; Public Accounts and Charges Act 1891; Economic and Monetary Union Act 1998; Euro Changeover (Amounts) Act 2001; National Asset Management Agency Act 2009

   34. State Personnel and Superannuation: Public Service Management (Recruitment and Appointments) Act 2004; Superannuation Act 1876

   35. Taxation: Taxes Consolidation Act 1997; Stamp Duties Consolidation Act 1999; Capital Acquisitions Tax Consolidation Act 2003; Value-Added Tax Consolidation Act 2010

   36. Transport: Merchant Shipping Act 1894; Road Traffic Act 1961.

3. A large number of these Acts mirror the elements of the Legislative Codes in countries such as the United States and France, discussed briefly above and in more detail in Chapters 2 and 3 below. In that respect, a considerable amount of “mini-codification” has already occurred in Ireland. One of the purposes of the Draft Classified List of Acts in Force in Ireland in the Appendix is to identify clearly those areas of the Irish Statute Book on which considerable “tidying up” progress has been made, while also identifying those areas where further work may be needed.

4. Indeed, many of these areas requiring further work have already been identified, in particular when account is taken of the many additional consolidation measures that are either already before the Oireachtas (as Bills) or otherwise in train (in terms of Bills approved in principle or planned as part of policy formation). These include (again using the numbering from the 36 headings in the draft Classified List of Acts):

   1. Agriculture: Animal Health and Welfare Bill

   2. Arts, Culture and Sport: National Monuments Bill

   4. Business Regulation: Company Law Consolidation and Reform Bill

   5. Citizenship: Coroners Bill 2007

   8. Communications and Energy: Communications Regulation (Postal Services) Bill 2010; Minerals Development Bill

   9. Courts: Courts (Consolidation and Reform) Bill30

   10. Criminal Law: Criminal Law Code Bill31

   18. Financial Services: Central Bank (Consolidation) Bill; Financial Services Regulation Bill

   23. Land Law and Trusts: Landlord and Tenant Bill; Trusts Bill

   24. Licensed Sale of Alcohol: Sale of Alcohol Bill

   26. National Government: Tribunals of Inquiry Bill 2005

   27. Natural Resources: Inland Fisheries (Consolidation) Bill

   31. Public Safety: Explosives Bill

   33. State Finance: Customs (Consolidation) Bill

   36. Transport: Merchant Shipping Consolidation Bill

5. Taking these into account, the Irish Statute Book is in a good position to put in place a classified list of legislation that can be broadly compared with those already developed in other States.

K Convergence between Civil Law and Common Law legal systems

(1)Differences between Common Law and Civil Law systems

1. Two comments are often made by way of indicating key differences said to exist between the Common Law and Civil Law legal systems:

• In the Civil Law states, the law is contained exclusively in the enacted Legislative Codes, whereas in the Common Law states “the law” comprises both legislation and case law based on court decisions (precedent); and

• In the Civil Law states, decisions of the courts are not as important as in the Common Law legal systems, because courts in the Civil Law systems cannot “make” law, whereas case law is a recognised source of law in the Common Law states.

1. In broad terms, these two comments may be accurate, although the impact of judge-made law in the Civil Law states has arguably been greatly underestimated in some common law writing on the subject.32 In any event, the comments may be especially misleading in the early 21st Century. Bearing in mind the increased importance of legislation in most States, whether Common Law states or Civil Law states, it would be more accurate to rephrase these two comments in this way:

1. In the Civil Law states, the law is contained exclusively in the enacted Legislative Codes, whereas in the Common Law states “the law” comprises both legislation, now increasingly the most significant source of law and often found in Legislative Codes, and, to a decreasing extent, case law based on court decisions (precedent); and

2. In the Civil Law states, decisions of the courts are not as important as in the Common Law legal systems, because courts in the Civil Law systems cannot “make” law, whereas case law is a recognised source of law in the Common Law states, but increasingly case law (in France “la jurisprudence”) is being given a greater status in Civil Law states.

25. As the focus of this Paper is on legislation, this comparison between Common Law and Civil Law states does not add (as it could) that, in Europe, their “convergence” can also be seen in the context of:

3. Shared membership by 27 states of their membership of the European Union; and

4. The presence in many States of written constitutions containing enforceable human rights.

1. In any event, it is clear that, in Common Law states, legislation has become the dominant form of law-making, and that the overwhelming majority of court decisions now involve the interpretation of legislation. It remains true that a number of important areas of law (though reducing in number) still involve exclusively the application of judge-made (common law) legal rules. In the Civil Law legal systems, while the Legislative Codes remain the only source of law, and judges are prohibited from “law making” in the sense permitted in a Common Law system, court decisions that have applied or interpreted the text of the legislative codes are increasingly recognised as having an important value.

2. This “convergence” between Common Law and Civil Law legal systems can be seen clearly in the following comment in Legifrance,33 an official website of the French Government on French law:

   “The law consists of a body of legal rules socially accepted that apply to the operation of the State’s institutions and that establish the relationship between the citizens and the State. The law, in France, is essentially made up of written rules that are called sources of law. These can be rules adopted by States or between States, on a national level, but they can also come from national and international case-law.” (emphasis added)

3. This statement on the laws of France could easily be mistaken for a general description of the sources of law in a Common Law state such as Ireland.

(2)Convergence arising from international influences

1. A significant major influence towards convergence in the laws of countries, whether Common Law or Civil Law, is the increasing number of internationally agreed legal standards in many diverse areas. These include the many international Conventions agreed through the United Nations Organization (UNO) and its subsidiary bodies. For example, the 1982 UN Convention on the Law of the Sea has influenced the content of the laws of many states concerning their exclusive economic zone. Part 5 of the 1982 Convention was implemented in Ireland by the Sea-Fisheries and Maritime Jurisdiction Act 2006 (Part 3, Chapter 5 of the 2006 Act), which introduced for the first time in Irish law the concept of the “contiguous zone” as provided for in the 1982 Convention. Similarly, the 1974 International Maritime Organization (IMO) Convention on Safety of Lives at Sea (SOLAS) has been implemented through a series of Merchant Shipping Acts which have involved amending the pre-1922 Merchant Shipping Act 1894. The international commitments made by Ireland through its membership of the World Trade Organization (WTO) have also affected Irish law.

2. Ireland’s membership of the Organization for Economic Co-Operation and Development (OECD) has influenced the content of laws and some policy development. For example, the many Double Taxation Treaties provided for under the Taxes Consolidation Act 1997 are based on templates developed by the OECD. Similarly, the Charities Act 2009 and the Prevention of Corruption (Amendment) Act 2010 seek to ensure that the State meets OECD standards in this area. The regulatory reform debate generally, including Better Regulation and the Smart Economy initiatives, has also been influenced by OECD policy analysis.

3. In the European context, membership of the Council of Europe has also influenced the convergence of the laws in its 41 member States. Council of Europe Conventions on areas as diverse as Social Security and the Transfer of Sentenced Prisoners have been implemented in Ireland, as is the case in other Council of Europe member states.

(3)Convergence arising from EU membership

1. Another major influence towards convergence, at least in certain areas of law, has been membership of the European Union. While the EU began as a small group of 6 member States in the 1950s, it now comprises 27 States. The law-making competence of the EU is much more limited than the complete law-making competence of a nation State, but it has had a significant impact on certain areas of national law, notably those involving trade and related areas such as employment law and customs duties. More recently, it has had an obvious influence on national currency law with the introduction of the euro currency. The general effects of EU law on the Irish Statute Book are discussed below in Chapter 3.

2. In those areas where the EU has law-making competence, the precise effect on the Irish Statute Book has varied. A simple example is that, in the employment law area, Ireland agreed with the other EU member states a number of EU Directives which required the enactment of equal pay and general employment equality law, now contained in the Employment Equality Act 1998. In that respect, the impact on the Irish Statute Book is straightforward, leading to the enactment of an Act which replaces a previous Act or Acts.

3. In other areas where EU law has been implemented, the implementation method has not been as straightforward. For example, two EU Directives on unfair contract terms in consumer contracts and minimum requirements in sale of goods contracts overlapped to a great extent with existing Acts, the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980. One option would have been to repeal and replace the 1893 and 1980 Acts with a single Act that also incorporated any new requirements of the EU Directives. Instead, the option was used to implement the EU Directives by means of Ministerial Regulations (secondary legislation) made under the general power to do so under the European Communities Act 1972.The effect is that the law on sale of goods and the supply of services is to be found in the 1893 and 1980 Acts, together with parallel Ministerial Regulations made under the 1972 Act.34

4. Another variation on this is that an EU Directive may be implemented by an Act of the Oireachtas and a later amending EU Directive might be implemented by Ministerial Regulations made under the European Communities Act 1972. The 1972 Act allows for the amendment of an Act by Ministerial Regulations, something that would not be permissible in any other setting; the normal rule being that an Act can only be amended by another Act. Some examples of Acts amended by later Ministerial Regulations made under the 1972 Act are included in the Draft Classified List of Acts in the Appendix. These include the Liability for Defective Products Act 1991, which was amended by the European Communities (Liability For Defective Products) Regulations 2000 (see Heading 6: Civil Liability and Dispute Resolution).

5. In other respects, the effect of EU membership on Irish law may not be apparent in the Irish Statute Book. This is because, for example, an EU Regulation is, under EU law, “directly applicable”, that is has the force of law even without the need for any legislation, whether an Act or Ministerial Regulations, to implement the content of the EU Regulation. By way of example, the 2006 EU Regulation on road transport, Regulation No.561/2006, introduced digital tachographs for certain trucks. As the 2006 EU Regulation is “directly applicable” no “Road Transport (Digital Tachographs) Act” has been enacted in Denmark, France, Germany, Ireland, the United Kingdom or any other EU Member State.35 To that extent, the Draft Classified List in the Appendix does not reflect the requirement to have a digital tachograph in certain trucks. To confirm that a truck of 1.5 tonnes unladen weight or 3.5 tonnes maximum permissible weight must have a digital tachograph, it would be necessary to consult the text of the 2006 EU Regulation on, for example, the official website of EU law, the Directory of European Union (EU) Legislation in Force.36 In order to obtain a full picture of Irish legislation, therefore, it would be necessary to be familiar with that Directory.

(4)The Draft Classified List of Acts and on-line accessibility, including Acts as amended

1. The full text of all Acts enacted since 1922, in the form they were originally enacted, is available on-line on the electronic Irish Statute Book (eISB), hosted by the Office of the Attorney General.37 The eISB also contains the full text of all Statutory Instruments, notably Ministerial Regulations, made since 1922, in the form they were originally made. This is an invaluable online resource, providing free public access to the full text of all legislation enacted since 1922.

2. While the eISB does not indicate which Acts passed since 1922 have been repealed since then or to what extent the text of an Act has subsequently been amended, this is possible through the connected Legislation Directory which is also available on the eISB. The Legislation Directory contains a complete list of all amendments made to every Act since 1922 (including amendments made to Acts by Ministerial Regulations made under the European Communities Act 1972). It also provides a clear note indicating if a post-1922 Act has been repealed. This feature of the Legislation Directory, the updating of which is currently the responsibility of the Commission,38 allowed the compilation of the Draft Classified List in the Appendix, at least as far as the list of post-1922 Acts is concerned. The Legislation Directory is therefore a vital reference for those who wish to know the current state of a post-1922 Act, whether repealed or not.

3. As indicated, the eISB does not contain the text of Acts as amended. Such an approach would involve an eLegislation system. The USC and the Legislative Code of Maryland are eLegislation systems, in that the text of the codified Acts are published on-line in their amended form and are updated on a regular basis.

4. The UK Legislation Database39 is another example of an eLegislation database, hosted by the UK National Archives. It brings together two other databases that were previously separate. First, it includes the database of Acts and Statutory Instruments, as enacted, hosted by the Office of Public Sector Information (OPSI), which is broadly comparable to the material currently available on the eISB. The UK Legislation Database also includes the database of revised Acts (Acts as amended) in the UK Statute Law Database.40 Ultimately, these two existing databases are to be discontinued and are currently (December 2010) being incorporated into the new, single, UK Legislation Database. Unlike the USC or the Legislative Code of Maryland, the UK Legislation Database is not based on a Classified List of Titles, although the Commission understands that such a model is currently (December 2010) under consideration.

5. In Ireland, a number of Departments and State bodies have published on-line informal consolidated texts of some Acts as amended, and these clearly facilitate accessibility to the relevant law. For example, the Department of Finance has published an informal Restatement of the Freedom of Information Act 1997, as amended, on its website. Similarly, the Data Protection Commissioner has published on-line an informal Restatement of the Data Protection Act 1988, as amended, and the Equality Authority has done the same for the Employment Equality Act 1998 and the Equal Status Act 2000, as amended.

6. These initiatives have been influenced by the enactment of the Statute Law (Restatement) Act 2002, which empowers the Attorney General to certify Restatements of Acts, that is, administrative consolidations of Acts as amended. A certified Restatement is prima facie evidence of the law contained in the restated Act. Statute Law Restatements are, broadly, the equivalent of the Revised Acts series published in many other Common Law states, including the database of Revised Acts contained in the UK Statute Law Database, which is being incorporated into the UK Legislation Database. The Commission, which currently has functional responsibility for preparing Restatements for submission to the Attorney General, has finalised or is in the process of finalising 74 Restatements under its extended First Programme of Statute Law Restatement41 and has begun initial work on its Second Programme of Statute Law Restatement.42 These Restatements provide access to the up-to-date text of Acts, and have been developed by the Commission using the electronic publishing standards of eLegislation systems. Pending formal certification by the Attorney General of these Restatements under the 2002 Act, the Commission has placed the pre-certified Restatements on its website. This complements the publication by Departments and other State bodies of the informal Restatements already mentioned, and it allows the Commission to receive further feedback on the format of the Restatements. It is notable, therefore, that the State currently has in place: (a) the complete text of all post-1922 Acts as enacted – in the form of the eISB – as well as (b) through the ongoing development of programmes of Statute Law Restatements, a number of Revised Acts which would form the nucleus of the type of Legislation Databases to be found in other States. The Commission emphasises that this is not to suggest that an eLegislation Database is currently within reach (and indeed this would involve important policy and funding considerations), but rather that when these existing developments are combined with the ongoing work on statute law consolidation already mentioned, a number of the building blocks for ensuring that the State maintains a modern statute book are coming into sight.

L Conclusions

1. In light of this general overview, the Commission notes that there are many elements that Common Law and Civil law legal systems share, while accepting that important differences remain, whether by virtue of history or culture. The Commission has concluded that, in view of the enactment of mini-codes of legislation, it is appropriate at this stage to suggest the development of a Classified List of Legislation. As mentioned in the Introduction, among the benefits of having a definitive Classified List of Acts in Force in Ireland are:

• it would make more accessible the laws of the State for citizens, commercial undertakings and State bodies

• it would avoid the unnecessary economic costs (opportunity costs) for both commercial undertakings and State bodies associated with having to conduct repetitive research concerning the legislative state of the law in Ireland

• it would allow each Government Department to maintain a definitive list of Acts within their area of responsibility, facilitating transparency for all those who may need to contact a relevant Department

• it would facilitate ongoing legislative modernisation and codification programmes (including statute law revision, that is, the removal of spent or obsolete Acts), and

• It would, in international comparative terms, be in line with the position in many other States, including other common law States such as Ireland (for example, the United States of America) and other Civil Law states where legislative codes are in place.

44. For these reasons, the Commission has concluded, and provisionally recommends, that a Classified List of Legislation in Force in Ireland (covering both pre-1922 and post-1922 Acts) should be developed, using subject-matter headings that mirror those in place in comparable states.

45. The Commission provisionally recommends that a Classified List of Legislation in Force in Ireland (covering both pre-1922 and post-1922 Acts) should be developed, using subject-matter headings that mirror those in place in comparable states.

UNITED STATES LEGISLATIVE CODES AT FEDERAL AND STATE LEVEL

M Introduction

46. In this Chapter, the Commission discusses the major subject-matter headings (Titles) in the Federal United States Code (USC). The USC contains 50 major headings, called Titles. There are areas of US law outside federal jurisdiction, such as Family Law, so these matters do not appear in the USC. Instead, they are included in the Legislative Codes of the individual States. The Commission also examines in this Chapter one of the many State legislative codes, the Legislative Code of Maryland. Because these legislative codes are from a country that shares the same common law (British) legal history as Ireland, they are useful comparators for the development of a classified list of legislation in Ireland.

N The Federal United States Code (USC)43

47. As already mentioned in Chapter 1, the federal laws of the United States of America, the Acts enacted by the US Congress, are published in annual volumes, the United States Statutes at Large. The text of an Act in the Statutes at Large is the formal legal evidence of the laws enacted by Congress. As with the annual volumes of the Acts of the Oireachtas, the Statutes at Large contain the text of the Acts as enacted and do not contain any information on whether an Act has been brought into force or been subsequently amended or repealed.

48. In 1874 the Revised Statutes of the United States, which was published as a single volume, was approved by the US President and enacted as an Act of Congress. This was intended to provide a complete codification of the federal laws of the United States. In order to have a permanent revision and codification process in place, the Office of the Law Revision Counsel was established in the US House of Representatives in the early 20th Century.

49. The United States Code (USC) is a compilation and codification of the federal laws of the United States of America. It contains 50 major headings, called Titles, and is published by the Office of the Law Revision Counsel. The Office of the Law Revision Counsel determines which statutes in the United States Statutes at Large should be codified, and which existing statutes are affected by amendments or repeals, or have simply become spent (because they may have been subject to a specific time limit). The USC is updated accordingly.

50. Because of this codification approach, a specific Act such as the Sarbanes-Oxley Act 200244 (enacted in response to the Enron and WorldCom financial scandals45) may not appear in a single place in the USC. Acts such as the 2002 Act bring together a series of related provisions as a means of addressing a social or governmental problem; those provisions will then be entered into different logical areas of the Code.

51. The 50 Titles comprising the United States Code are:

Title 1 General Provisions

Title 2 The Congress

Title 3 The President

Title 4 Flag and Seal, Seat of Government, and the States

Title 5 Government Organization46 and Employees

Title 6 Domestic Security47

Title 7 Agriculture

Title 8 Aliens and Nationality

Title 9 Arbitration

Title 10 Armed Forces (including the Uniform Code of Military Justice)

Title 11 Bankruptcy

Title 12 Banks and Banking

Title 13 Census

Title 14 Coast Guard

Title 15 Commerce and Trade

Title 16 Conservation

Title 17 Copyrights

Title 18 Crimes and Criminal Procedure

Title 19 Customs Duties

Title 20 Education

Title 21 Food and Drugs

Title 22 Foreign Relations and Intercourse

Title 23 Highways

Title 24 Hospitals and Asylums

Title 25 Indians

Title 26 Internal Revenue Code

Title 27 Intoxicating Liquors

Title 28 Judiciary and Judicial Procedure

Title 29 Labor

Title 30 Mineral Lands and Mining

Title 31 Money and Finance

Title 32 National Guard

Title 33 Navigation and Navigable Waters

Title 34 Navy (repealed)

Title 35 Patents

Title 36 Patriotic Societies and Observances

Title 37 Pay and Allowances of the Uniformed Services

Title 38 Veterans' Benefits

Title 39 Postal Service

Title 40 Public Buildings, Properties, and Works

Title 41 Public Contracts

Title 42 Public Health and Welfare

Title 43 Public Lands

Title 44 Public Printing and Documents

Title 45 Railroads

Title 46 Shipping

Title 47 Telegraphs, Telephones, and Radiotelegraphs

Title 48 Territories and Insular Possessions

Title 49 Transportation

Title 50 War and National Defense

1. Titles 1 to 6 of the USC concern the organisation of the federal government. The remaining Titles, 7 to 50, deal with major subject headings in alphabetical order.

2. Some of the Titles in the USC, such as Title 11: Bankruptcy and Title 22: Foreign Relations, do not appear in the Legislative Codes of the individual States, such as Maryland, because the federal government has jurisdiction in these matters. Thus, some of the 36 subject-matter headings in the Draft Classified List of Acts in Force in Ireland in the Appendix mirror those in the USC.

3. As for the precise names given to the Titles in the USC, it is clear that many of them use nomenclature that could be used in Ireland, such as Title 7: Agriculture or Title 20: Education. In other instances, the American nomenclature does not “translate” to the Irish setting, such as Title 36: Patriotic Societies and Observances. In that respect, the USC provides an indicative guide concerning the classified organisation of Acts in Force in Ireland, but is by no means definitive.

O The Legislative Code of Maryland48

1. The Acts of the General Assembly of Maryland (pre-independence Provincial, 1719-1776; post-independence State, 1777-present) are generally published in the order they are approved by the Governor of Maryland, at the end of each legislative session. Like the United States Statutes at Large, therefore, this annual “session law” publication of the Acts in Maryland broadly corresponds to the annual volumes of the Acts of the Oireachtas. The text of enacted laws in these annual “session law” volumes are regarded as having continuing value even after they have been integrated into the Legislative Code of Maryland because they include the purpose clause, special sections, and the periodic inclusion of preambles, none of which are commonly codified.

2. Maryland’s first Annotated Code was enacted in 1888, and had been amended and updated in the first half of the 20th Century. The many amendments had affected the coherence of the original code. Ultimately, in 1970, a Commission to Revise the Annotated Code of Maryland began the first reorganisation and recodification since 1888 of the Annotated Code. The Commission’s terms of reference were to study and revise the Annotated Code in order to improve the organisation, accessibility, utility, and clarity of law and to eliminate unconstitutional, obsolete, inconsistent or conflicting statutes.

3. In 1985, the Legislative Policy Committee of the Maryland Assembly began to oversee Code revision under a reorganised structure of small committees with continuing review by the General Assembly. The Bill Drafting and Code Revision Unit in Maryland’s Office of Policy Analysis now develops and prepares the comprehensive revision and restatement of the Annotated Code.

4. Since 1896, Maryland has been a working member of the National Conference of Commissioners on Uniform State Laws (NCCUSL).49 The Annual Report of the Maryland Commissioners contains references to NCCUSL Uniform Acts proposed for enactment and reports on those enacted in recent sessions. The Report also lists all NCCUSL Uniform Acts adopted in Maryland. Other Uniform and Model Law proposals taken into account are the American Law Institute’s draft Codes50 (such as the Commercial Code and the Model Penal Code) and those of the Council of State Governments.

5. The 32 subject-matter headings comprising the Legislative Code of Maryland are:

1. Agriculture

2. Business Occupations and Professions

3. Business Regulation

4. Commercial Law

5. Corporations and Associations

6. Correctional Services

7. Courts and Judicial Proceedings

8. Criminal Law

9. Criminal Procedure

10. Economic Development

11. Education

12. Election Law

13. Environment

14. Estates And Trusts

15. Family Law

16. Financial Institutions

17. Health - General

18. Health Occupations

19. Housing and Community Development

20. Human Services

21. Insurance

22. Labor and Employment

23. Natural Resources

24. Public Safety

25. Public Utility Companies

26. Real Property

27. State Finance and Procurement

28. State Government

29. State Personnel and Pensions

30. Tax - General

31. Tax – Property

32. Transportation

1. Some illustrations of the detailed breakdown of these subject-matter headings may be useful.

1. AGRICULTURE

Title 1. Definitions; General Provisions

Title 2. Department of Agriculture

Title 3. Regulation of Livestock and Poultry

Title 4. Regulation of Livestock, Poultry Products, and Eggs

Title 5. Pesticide and Pest Control

Title 6. Commercial Feed and Fertilizer and Agricultural Liming Materials

Title 7. Tobacco

Title 8. Soil Conservation

Title 9. Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds

Title 10. Promotion and Identification of Agricultural Products

Title 11. Weights and Measures

Title 12. Penalties and Fines

Title 13. Grain

15. FAMILY LAW

Title 1. Definitions; General Provisions

Title 2. Marriage

Title 3. Breach Of Promise to Marry and Alienation of Affections

Title 4. Spouses

Title 5. Children

Title 6. Single Parents

Title 7. Divorce

Title 8. Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment

Title 9. Child Custody and Visitation

Subtitle 1. In General

§ 9-101. Denial of Custody or Visitation on Basis of Likely Abuse or Neglect.

§ 9-101.1. Abuse against Certain Individuals.

§ 9-101.2. Parent Convicted of Murder of Certain Persons.

§ 9-102. Petition by Grandparents for Visitation.

“An equity court may:

(1) consider a petition for reasonable visitation of a grandchild by a grandparent; and

(2) if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent.”

[Cj § 3-602; 1984, Ch. 296, § 2; Ch. 529, § 1; 1991, Ch. 247; 1993, Ch. 252.]51

§ 9-103. Petition by Child to Change Custody.

§ 9-104. Access to Medical, Dental, and Educational Records by Noncustodial Parent.

§ 9-105. Unjustifiable Denial or Interference With Visitation Granted By Order.

§ 9-106. Notification Prior to Relocation of Child.

Title 9.5. Maryland Uniform Child Custody Jurisdiction and Enforcement Act

Title 10. Support in General

Title 11. Alimony

Title 12. Child Support

Title 13. Support of Parents and Adult Children

Title 14. Adult Protective Services

Title 15. Governor’s Council on Adolescent Pregnancy

22. LABOR AND EMPLOYMENT

Title 1. Definitions; General Provisions

Title 2. Division of Labor and Industry

Title 3. Employment Standards and Conditions

Title 4. Bargaining Representatives; Labor Disputes

Title 5. Occupational Safety and Health

Title 5.5. Railroad Safety and Health

Title 6. High Voltage Lines

Title 7. Farm Labor Contractors

Title 8. Unemployment Insurance

Title 8.5. Health Care Payroll Assessment

Title 9. Workers’ Compensation

Title 10. Funds

Title 11. Division of Employment and Training

26. REAL PROPERTY

Title 1. General Provisions

Title 2. Rules of Construction

Title 3. Recordation

Title 4. Requisites of Valid Instruments

Title 5. Statute of Frauds

Title 6. Rights of Entry And Possibilities of Reverter

Title 7. Mortgages, Deeds of Trust, and Vendor’s Liens

Title 8. Landlord and Tenant

Title 8a. Mobile Home Parks

Title 9. Statutory Liens on Real Property

Title 10. Sales of Property

Title 11. Maryland Condominium Act

Title 11a. Maryland Real Estate Time-Sharing Act

Title 11b. Maryland Homeowners Association Act

Title 12. Eminent Domain

Title 13. Land Patents

Title 14. Miscellaneous Rules

Title 15. Effective Date and Applicability

30. TAX – GENERAL

Title 1. Definitions; General Provisions

Title 2. Administration by Comptroller

Title 3. Maryland Tax Court

Title 4. Admissions and Amusement Tax

Title 5. Alcoholic Beverage Tax

Title 6. Boxing and Wrestling Tax

Title 7. Death Taxes

Title 8. Franchise Taxes

Title 9. Fuel Taxes

Title 10. Income Tax

Title 11. Sales and Use Tax

Title 12. Tobacco Tax

Title 13. Procedure

1. All 32 Titles in the Legislative Code of Maryland are in alphabetical order (whereas Titles 1 to 6 of the USC, concerning the organisation of the federal government, are not in alphabetical order, although the remaining 44 Titles in the USC are in alphabetical order).

2. As for the precise names given to the Titles in the Legislative Code of Maryland, it is clear that, as with the USC, many of them use nomenclature that could be used in Ireland, such as Title 8: Criminal Law or Title 15: Family Law. In other instances, the American nomenclature does not “translate” to the Irish setting, such as Title 26: Real Property. While “real estate” is a common term in the United States, Ireland has used the title “Land Law” in corresponding legislation, such as the Land and Conveyancing Law Reform Act 2009 (see Heading 23 in the Draft Classified List in the Appendix, below). In that respect, the Legislative Code of Maryland, like the federal USC, provides an indicative guide concerning the classified organisation of Acts in Force in Ireland, but is by no means definitive. Subject to these important caveats, some of the 36 subject-matter headings in the Draft Classified List of Acts in Force in Ireland in the Appendix mirror those in the Legislative Code of Maryland.

P Conclusions

1. In light of this overview of the development of legislative codes in the United States, which is, like Ireland, a Common Law state, the Commission has concluded, and provisionally recommends, that a Classified List of Legislation in Force in Ireland (covering both pre-1922 and post-1922 Acts) should broadly follow the subject-matter headings found in the federal and state legislative codes of the United States, while also taking into account the nomenclature commonly used in Ireland for particular areas of law. As noted in the Introduction, the immediate origins of the Classified List in the Appendix also means that it has identified the relevant Government Department with which each Act is associated, and the Commission also provisionally recommends that this is of value in terms of accessibility and transparency.

2. On this basis, the Commission has developed the draft Classified List in the Appendix on the basis of:

• the areas of responsibility of relevant Government Departments (bearing in mind, of course, that Departmental responsibility and titles may change from time to time, as occurred with 6 Government Departments in 2010),

• the headings (Titles) used in the federal United States Code (USC), the Legislative Code of Maryland,

• some near-universal and conventional headings, such as Civil Liability, Commercial Law, Criminal Law and Taxation, which do not correspond directly to Departmental names but where the relevant Department is easy to identify,

• headings that are unique to Ireland, such as heading 21, Irish Language and Gaeltacht.

1. The 36 headings developed by the Commission are set out in the Appendix but are also set out here for ease of reference (including the main Departments identified with each heading and the, broadly, comparable Titles from the USC and the Maryland Legislative Code):

1. Agriculture and Food (primarily: Department of Agriculture, Fisheries and Food) (Maryland 1; USC part of Title 21)

2. Arts, Culture and Sport (primarily: Department of Tourism, Culture and Sport Department of the Environment, Heritage and Local Government) (Maryland 3 and 20: part of each)

3. Business Occupations and Professions (Various Departments) (Maryland 2)

4. Business Regulation, Including Business Names, Company Law and Partnership (primarily: Department of Enterprise, Trade and Innovation) (Maryland 3 and 5; USC Title 11)

5. Citizenship, Equality and Individual Status (primarily: Department of Community, Equality and Gaeltacht Affairs; Department of Justice and Law Reform; Department of Health and Children) (USC Title 8)

6. Civil Liability (Contract and Tort) and Dispute Resolution (primarily: Department of Enterprise, Trade and Innovation; Department of Justice and Law Reform) (USC Title 9)

7. Commercial Law (primarily: Department of Enterprise, Trade and Innovation) (USC 17 and 35; Maryland 4)

8. Communications and Energy (Department of Communications, Energy and Natural Resources) (Maryland 25)

9. Courts and Courts Service (Department of Justice and Law Reform) (Maryland 7 and 9)

10. Criminal Law (Department of Justice and Law Reform) (Maryland 8)

11. Defence Forces (Department of Defence) (USC Title 10)

12. Education and Skills (Department of Education and Skills) (Maryland 11)

13. Election and Referendum Law (Department of the Environment, Heritage and Local Government) (Maryland 12)

14. Employment Law (Department of Enterprise, Trade and Innovation) (Maryland 22)

15. Enterprise and Economic Development (primarily: Department of Enterprise, Trade and Innovation; Department of Finance; Department of Tourism, Culture and Sport) (Maryland 10)

16. Environment (Department of the Environment, Heritage and Local Government) (Maryland 13)

17. Family Law (Department of Justice and Law Reform; Department of Health and Children) (Maryland 15)

18. Financial Services and Credit Institutions (primarily: Department of Finance; Department of Enterprise, Trade and Innovation) (Maryland 16 and 21)

19. Foreign Affairs and International Relations (primarily: Department of Foreign Affairs; Department of the Taoiseach) (USC Title 22)

20. Garda Síochána (Police) (Department of Justice and Law Reform)

21. Health and Health Services (Department of Health and Children) (USC Title 21: part; Maryland 18)

22. Irish Language and Gaeltacht (Department of Community, Equality and Gaeltacht Affairs)

23. Land Law, Succession and Trusts (primarily: Department of Justice and Law Reform; Department of the Environment, Heritage and Local Government) (Maryland 14 and 26)

24. Licensed Sale of Alcohol (Department of Justice and Law Reform) (USC Title 27)

25. Local Government (primarily: Department of the Environment, Heritage and Local Government) (Maryland 28)

26. National Government (primarily: Department of the Taoiseach; Department of Finance) (Maryland 28; USC Title 40)

27. Natural Resources (primarily: Department of Communications, Energy and Natural Resources) (Maryland 23)

28. Oireachtas (National Parliament) and Legislation (primarily: Department of the Taoiseach; Department of Finance) (USC Title 40)

29. Planning, Development and Housing (primarily: Department of the Environment, Heritage and Local Government) (Maryland 19)

30. Prisons and Places of Detention (Department of Justice and Law Reform) (Maryland 6)

31. Public Safety (Including Building Standards, Fire Safety, Product Safety and Safety and Health at Work) (Various Departments) (Maryland 24)

32. Social Welfare, Pensions and Community Services (Department of Social Protection; Department of Community, Equality and Gaeltacht Affairs) (Maryland 20)

33. State Finance and Procurement (primarily: Department of Finance) (Maryland 27)

34. State Personnel and Superannuation/Pensions (Department of Finance) (Maryland 29)

35. Taxation (Department of Finance) (Maryland 30 and 31; USC Title 19)

36. Transport (Department of Transport) (Maryland 32)

66. Given the scale of the areas of law covered, the Commission also invites submissions on the manner in which the Commission has suggested that the Acts have been classified and organised in the draft Classified List in the Appendix.

67. The Commission provisionally recommends that a Classified List of Legislation in Force in Ireland (covering both pre-1922 and post-1922 Acts) should broadly follow the subject-matter headings found in the federal and state legislative codes of the United States, while also taking into account the nomenclature commonly used in Ireland for particular areas of law and the relevant Government Department with which each Act in the List is associated. The Commission also invites submissions on the manner in which the Commission has suggested that the Acts be classified and organised in the draft Classified List in the Appendix to this Consultation Paper.

L EGISLATIVE CODES IN EUROPEAN STATES AND THE LIMITED LEGISLATIVE CODE OF THE EUROPEAN UNION

Q Introduction

68. In this Chapter, the Commission outlines the content of the legislative codes in a number of European states, and the limited legislative code of the European Union. In the European Union (indeed in Europe more generally) only three States - Ireland, the United Kingdom and (to some extent) Malta - are part of the Common Law (Anglo-Saxon/Anglo-American) family of legal systems. Thus, 24 Member States of the 27 EU Member States are part of the Civil Law family of legal systems.

R Development of Law Codes in ancient times

69. The British antipathy to the Napoleonic Codes of the early 19th Century ignores the long history of Codes prior to the French Revolution, and to the development of Codes since that time, including, as discussed in Chapter 2, the codification of law in many Common Law states, notably the United States of America. It may also be helpful to describe, briefly, the development of legislative codes before the 19th Century. It is also important to note that the excessive concentration on Napoleon’s admittedly important contribution is to ignore the more recent modern history of legislative codes in European Civil Law states, in particular since the second half of the 20th Century.

70. It can be said that the concept of codification dates back to the emergence of organised society, and the need for what might now be described as the Better Regulation principle of transparency. Even in ancient Babylon, the pre-democratic rulers wanted to make clear to their subjects what the basic rules were. The earliest surviving civil code is the Code of Hammurabi, produced circa 1760 BC by the Babylonian king Hammurabi. The most famous enduring civil code, however, is the ancient Roman Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Emperor Justinian I. The Corpus Juris Civilis is the historical basis for the concept of codification in most European Civil Law legal systems, but it is useful to note that Justinian’s code built on earlier codes; it was a form of statute law consolidation but it happened to be the version that survived. Indeed, it may be that a pre-Justinian Roman code influenced the content of some of the post-Christian Brehon law code (after the arrival of St. Patrick in the 5th century, 100 years before Justinian’s code) that survived in Ireland until the 18th Century.52

S Development of Law Codes in Europe in the modern era

71. The first attempts at modern codification in Europe predate the Napoleonic Codes. They began in the second half of the 18th Century in Germany, when the states of Austria, Prussia, Bavaria and Saxony began to codify their laws. One of the first was the Bavarian Codex Maximilianeus Bavaricus Civilis of 1756. The use of the Latin title in the Code indicates the influence of Justinian’s Corpus Juris Civilis. In 1792, the Allgemeines Landrecht für die Preussischen Staaten (General National Law for the Prussian States), enacted by King Frederick II (Frederick the Great) contained codified laws on civil law, penal (criminal) law and constitutional law. In Austria, the first steps towards fully-fledged codification began in the mid-18th Century, culminating in the Allgemeines bürgerliches Gesetzbuch (ABGB) (Austrian Civil Code) in 1811.

(1)Modern German Codes

1. In the modern German state, the following are the main Codes that emerged from the codification process of the 19th Century.53

1. Criminal/Penal Code: Strafgesetzbuch, often cited as “StGB”

2. Criminal Procedure Code: Strafprozessordnung, often cited as “StPO”

3. Civil Code: Bürgerliches Gesetzbuch, often cited as “BGB”

4. Civil Procedure Code: Zivilprozessordnung, often cited as “ZPO”

5. Commercial Code: Handelsgesetzbuch, often cited as “HGB”.

73. After the end of World War II (1939-1945), there has been a tendency in Germany to legislate outside the Codes. Thus, the German Parliament has enacted separate, or free-standing, laws on for example labour law and the employment relationship and on company law (business associations) independently of the structure of the Codes. In the Civil Law states, this is often referred to as “decodification,” in turn associated with the parallel impact of “constitutionalisation”, that is, the impact of enacting overarching constitutional documents, in Germany the 1949 Grundgesetz (GG) or Basic Law and, in France, the 1958 Constitution of the Fifth Republic.

74. The remainder of this Part of the Chapter discusses the position on Codes in France, including “decodification” and “recodification” from the second half of the 20th Century.

(2)The Napoleonic and Modern French Legal Code

75. While, as already noted, the enactment of codes had been common in Europe before the French Revolution of the late 18th Century, there is no doubt that the extensive codification process that spread throughout Europe in the 19th Century owes a great deal to the influence of Napoleonic Codes.54 It is important to remember that the origins of the Napoleonic Codes lay in the haphazard nature of French law under the ancien regime, summed up in the (possibly misleading) phrase “Le loi, c’est moi.” In fact, prior to the French Revolution, more than 400 codes of laws were in place in various parts of France, with customary law predominating in the north, and Roman law in the south. The French Revolution overturned these separate and diverse systems of law. The Codification Project therefore arose from a combined need to: (a) establish a single framework of laws for the emerging French nation State; and (b) to make sense of the estimated 14,000 pieces of legislation enacted under the revolutionary governments in the period immediately after 1789.

76. The codification process took the form of a commission of experts, notably including Jean-Etienne-Marie Portalis. The commission was established in 1790 (before King Louis’ execution and at a time when Napoleon was merely being mentioned in dispatches as having performed excellent defensive work as a commander in Bordeaux). When Napoleon came to power, the commission’s work gathered some momentum and he is, famously, reported to have attended in person 36 of the commission’s 87 meetings. The first code to emerge from the commission’s work was the Civil Code, completed at the end of 1801, although not published until 1804. The Civil Code consolidated some basic revolutionary objectives. For example, in terms of land law, the Civil Code abolished feudal tenure, replacing it with virtually absolute rights.55 The Civil Code was followed by five subsequent Codes, four of which were enacted into law (the “original five Codes”). These original Codes were:

1. The Civil Code (Code Civil des Français) 1804.

2. Code of Civil Procedure (Code de Procédure Civile) 1806.

3. Code of Commercial Law (Code de Commerce)56 1807.

4. Code of Criminal Procedure (Code d’Instruction Criminelle) 1808.

5. Criminal Code (Code Pénal) 1810.

6. Rural Code (Code Forestier) (debated but not enacted into law at that time).

1. The Napoleonic Code was also later “exported”, with modifications, to the French Empire of the 19th and early 20th Century. As already indicated, codification had already begun in other parts of Europe in the 18th Century and this process accelerated during the 19th Century. This was often associated with the French colonisation of Europe during that period, as well as the quite different influences of nation-building, such as the unification of Germany and Italy during the 19th Century.

(3)“Decodification” and “recodification” in the 20th Century

1. The original Napoleonic Codes of the early 19th Century have not remained in their original form, although their essential content largely survived until well into the 20th Century. From the second half of the 20th Century until the present, however, most European States have, as already noted, been involved in a process of “decodification” and “recodification.” In France, this has, in effect, involved the need to remove certain elements from the six original Codes and to develop and enact what are usually referred to as the “modern codes.” These codes reflect the increased complexity of the modern State, including the introduction during the 20th Century of near-universal social security (social welfare) and the increased statutory regulation of business. In France, it may be no coincidence that, mirroring the number of Titles in the USC, over 50 “modern codes” have been published and enacted. The effect of this has been that all the original Napoleonic Codes have been either extensively amended or re-drafted.

2. Thus, the French Code of Civil Procedure of 1806 was replaced by the New Code of Civil Procedure (Nouveau Code de Procédure Civile) (NCPC) in 1976. The Code has been supplemented by other important pieces of legislation, such as (a) the law on court organisation and the status of judges and (b) the Code of Judicial Organisation (Code de l’organisation judiciaire), which applies to the Cour de Cassation, the highest civil appeal court in France. Similarly, the contents of the Commercial Code of 1807, as amended, provide a very incomplete picture of French commercial law. The Code must now be considered alongside the law of 1966 on commercial corporations (sociétés) (as amended), the law of 1967 on bankruptcy (as amended), and the law of 1978 on protection of consumers (as amended). In criminal law, the Penal Code of 1810 was replaced by a new Penal Code in 1994. Similarly, the Code of Criminal Procedure of 1810 was replaced by a new Code of Criminal Procedure of 1959.

(4)List of Modern French Codes

1. The following is a list of the most commonly cited “modern” French codes, and includes the modern replacements of the five “original” Codes of the Napoleonic era.57

1. Administrative Code (Code administrative)

2. Budget Acts Law (Constitutional Bylaw No. 2001-692 of 1 August 2001)

3. Civil and Military Pensions Retirement Code

4. Civil Code (Code Civil des Français) (revised version of an “original” Code)

5. Civil Procedure Code (Code de Procédure Civile) (revised version of an “original” Code)

6. Commercial Law Code (Code de Commerce) (revised version of an “original” Code)

7. Company/Corporations Code (Code des sociétés)

8. Consumer Code

9. Co-operatives/Co-ownership Code (Code de la copropriété)

10. Criminal Code (Code Pénal) (revised version of an “original” Code)

11. Criminal Procedure Code (Code d’Instruction Criminelle) (revised version of an “original” Code)

12. Defence Code

13. Education Code

14. Entry and Residence of Foreigners and Asylum Code

15. Environment Code (Code de l’environnement)

16. Family Code and Welfare

17. Film Industry Code

18. Heritage Code

19. Insurance Code

20. Intellectual Property Code

21. Judicial Organisation Code

22. Labour/Employment Code (Code du travail)

23. Local Authorities General Code

24. Monetary and Financial Code

25. National Service Code

26. Planning Code

27. Postal and Electronic Communications Code

28. Public Health Code (Code de la santé publique)

29. Public Procurement Contracts Code

30. Road Traffic Code

31. Rural Code (Code Forestier) (revised version of an “original” Code that had been debated but not enacted in the early 19th Century)

32. Seaports Code

33. Social Action and Families Code

34. Social Security Code (Code de la sécurité sociale)

35. Sports Code

36. Tax Code: General (Code général des impôts)

37. Tax Code: Customs (Code des douanes)

38. Tourism Code

39. Wheat Code (Code du blé)

40. Wine Code (Code du vin).

1. This list of “modern” French Codes indicates that a Civil Law state, such as France, has enacted major pieces of legislation on topics which are found in any other modern State, whether from the Civil Law or Common Law family of states. Thus, many of the Code titles are remarkably similar to those found in the Legislative Codes of the United States, whether at federal or individual state level; and, indeed, of the individual Acts concerning those topics that have been enacted in Ireland in recent years. Of course, some of the Codes, such as the Wine Code, perhaps reflect particular areas of activity of importance to France. In addition, by contrast with the position in the United States, where the full text of the federal USC and, for example, the Legislative Code of Maryland, are both available on a dedicated online website, it is not possible to access all the relevant French law in any single location, whether offline or online. In that respect, while France may have been to the forefront of codification in the early 19th Century, in the early 21st Century it lags behind a Common Law state such as the United States.

2. As for the precise names given to the French Codes, it is clear that many of them use nomenclature that could be used in Ireland, such as the Commercial Code or the Criminal Code. In other instances, the French nomenclature does not “translate” to the Irish setting, such as the Administrative Code, bearing in mind that the development of French “administration” is very different. In that respect, the French Codes, like their US counterparts, provide an indicative guide concerning the classified organisation of Acts in Force in Ireland, but they are by no means definitive.

T The Limited Legislative Code of the European Union

1. In general terms, it is evident that the broad subject-matter of legislation (or Legislative Codes) enacted in most States, whether Ireland, the United States or France, does not greatly differ from each other. This is not surprising in the context of the increasing number of internationally agreed legal standards in many diverse areas, including those agreed through the United Nations Organization and its subsidiary bodies. In the European context, membership of the Council of Europe and of the European Union has also influenced the convergence of the laws in many States. In this Part, the influence of the European Union on Irish law is discussed.

2. The Directory of European Union (EU) Legislation in Force58 contains the full text of EU legislative acts currently in force. These include the text of EU Regulations, Directives and Decisions. The Directory has classified the Legislation in Force under 20 subject-matter headings. The 20 headings are:

1. General, Financial and Institutional Matters

2. Customs Union and Free Movement Of Goods

3. Agriculture

4. Fisheries

5. Freedom of Movement for Workers and Social Policy

6. Right of Establishment and Freedom to Provide Services

7. Transport Policy

8. Competition Policy

9. Taxation

10. Economic and Monetary Policy; Free Movement of Capital

11. External Relations

12. Energy

13. Industrial Policy and Internal Market

14. Regional Policy and Coordination of Structural Instruments

15. Environment, Consumers and Health Protection

16. Science, Information, Education and Culture

17. Law Relating to Undertakings

18. Common Foreign and Security Policy

19. Area of Freedom, Security and Justice

20. People’s Europe.

1. As with the US and French Legislative Codes, it may be useful to set out how these 20 headings are broken down.

1. GENERAL, FINANCIAL AND INSTITUTIONAL MATTERS

1.1 Statistics

1.2 Principles, objectives and tasks of the Treaties

1.3 General provisions

1.4 Scope of the Treaties

1.5 Provisions governing the institutions

• General

• Parliament

• Council

• Commission

• Court of Justice

• Court of Auditors

• Committee of the Regions

• Economic and Social Committee

• European Central Bank

• European Investment Bank

• European Monetary Institute

• ECSC Consultative Committee

• European System of Central Banks

1.6 Administration and Staff Regulations

1.7 Financial and budgetary provisions

• Unit of account

• Budget

• Own resources

• European Coal and Steel Community (ECSC)59

• Other revenue

• Financial control

2. CUSTOMS UNION AND FREE MOVEMENT OF GOODS

2.1 General

2.2 Statistics

2.3 General customs rules

• Common customs territory

• Definition of declarant

• Recovery or remission of duties

• Post-clearance collection of duties

• Information binding the administration

2.4 Basic customs instruments

• Customs tariffs

• Origin of goods

2.5 Application of the Common Customs Tariff

• Tariff classification

• Particular destinations

• Tariff derogations

• Standard rate of duty (number of acts: 0)

• Reliefs from duty

2.6 Specific customs rules

• Movement of goods

• Economic customs arrangements

2.7 Mutual assistance

• In the application of customs or agricultural rules

• For the recovery of claims in customs or agriculture

2.8 Proceedings and penalties

• Settlement of disputes

• Prevention of infringements of Community law

2.9 International customs cooperation

3. AGRICULTURE

3.1 General

3.2 Statistics

3.3 Basic provisions

• National aid

• Common agricultural policy mechanisms

• Accessions

3.4 European Agricultural Guidance and Guarantee Fund (EAGGF)

• General

• EAGGF (Guidance Section)

• EAGGF (Guarantee Section)

3.5 Agricultural structures

• Social and structural measures

• Processing and marketing of agricultural products

• Accountancy data network

• Agricultural statistics

• Agricultural research

• Forests and forestry

3.6 Monetary measures

• Fixing of compensatory amounts

• Other monetary measures

3.7 Approximation of laws and health measures

• Animal feedingstuffs

• Plant health

• Animal health and zootechnics

• Seeds and seedlings

3.8 Products subject to market organisation

• Arrangements covering more than one market organisation

• Cereals

• Pigmeat

• Eggs and poultry

• Fresh fruit and vegetables

• Wine

• Milk products

• Beef and veal

• Rice

• Oils and fats

• Sugar

• Flowers and live plants

• Dried fodder

• Products processed from fruit and vegetables

• Raw tobacco

• Flax and hemp

• Hops

• Seeds

• Sheepmeat and goatmeat

• Other agricultural products

3.9 Products not subject to market organisation

• Silkworms

• Isoglucose

• Peas and beans

• Albumens

• Non-Annex I products (formerly: Non-Annex II products)

• Cotton

3.10 Agreements with non-member countries

4. FISHERIES

4.1 General, supply and research

4.2 Statistics

4.3 Common fisheries policy

• Structural measures

• Market organisation

• Conservation of resources

• State aids

4.4 External relations

• Multilateral relations

• Agreements with non-member countries

5. FREEDOM OF MOVEMENT FOR WORKERS AND SOCIAL POLICY

5.1 Statistics

5.2 Freedom of movement for workers

5.3 Social policy

• General social provisions

  • Anti-discrimination

  • Gender equality

• European Social Fund (ESF)

  • Organisation and reform of the ESF

  • Administrative and financial procedures of the ESF

  • Operations of the ESF

• Working conditions

  • Safety at work

  • Wages, income and working hours

  • Industrial relations

• Employment and unemployment

  • Programmes

  • Protection of workers

  • Employment incentives

• Social security

  • Principles of social security

  • Application to migrant workers

• Approximation of certain social provisions

6. RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES

6.1 Statistics

6.2 Principles and conditions

6.3 Sectoral application

• Production and processing activities

  • Agriculture

  • Other production and processing activities

• Service activities

  • Insurance

  • Banks

  • Stock exchanges and other securities markets

  • Transport

  • Real property

  • Leisure services

  • Personnel services

  • Services provided to undertakings

  • Other service activities

• Business activities

• Self-employed activities

• Medical and paramedical activities

• Other activities

6.4 Public contracts

• General

• Public works contracts

• Public supply contracts

• Public services contracts

• Other public contracts

7. TRANSPORT POLICY

7.1 General

7.2 Statistics

7.3 Transport infrastructure

• Coordination and investment

• Financial support

• User tariffs

7.4 Inland transport

• Competition rules

• State intervention

• Market operation

• Structural harmonisation

• Combined transport

• ECSC provisions

7.5 Shipping

• Competition rules

• Market operation

  • Market monitoring

  • Code of conduct for liner conferences

  • Market access

• Safety at sea

• Structural harmonisation

  • Technical conditions

  • Social conditions

  • Taxation

  • Flags, vessel registration

• International relations

  • Consultation procedure

  • Conventions with non-member countries

7.6 Air transport

• Competition rules

• Market operation

  • Market access

  • Route distribution

  • Prices and terms

• Air safety

• Structural harmonisation

• International relations

  • Consultation procedure

  • Conventions with non-member countries

8. COMPETITION POLICY

8.1 Competition principles

8.2 Restrictive practices

• Prohibited agreements

• Authorised agreements, exemptions and negative clearances

• Supervision procedures

8.3 Dominant positions

8.4 Concentrations

8.5 Application of the rules of competition to public undertakings

8.6 State aids and other subsidies

8.7 Intra-Community dumping practices

8.8 Obligations of undertakings

8.9 National trading monopolies

9. TAXATION

9.1 General

9.2 Direct taxation

• Corporation tax

• Elimination of double taxation

9.3 Indirect taxation

• Turnover tax/VAT

• Excise duties

• Taxes on capital and transactions in securities

• Individual tax exemptions

9.4 Other taxes

9.5 Prevention of tax evasion and avoidance

10. ECONOMIC AND MONETARY POLICY; FREE MOVEMENT OF CAPITAL

10.1 Statistics

10.2 General

10.3 Monetary policy

• Institutional monetary provisions

• Direct instruments of monetary policy

• Indirect instruments of monetary policy

10.4 Economic policy

• Institutional economic provisions

• Instruments of economic policy

• Economic and monetary union

10.5 Free movement of capital

11. EXTERNAL RELATIONS

11.1 General

11.2 European political cooperation

11.3 Multilateral relations

• Relations in the context of the General Agreement on Tariffs and Trade (GATT)

• International commodity agreements

• Multilateral customs cooperation

• Cooperation with international and non-governmental organisations

• Multilateral transport cooperation

• Multilateral cooperation for protection of the environment, wild fauna and flora and natural resources

• Other spheres of multilateral cooperation

11.4 Bilateral agreements with non-member countries

• European countries

• The Near and Middle East

• African, Caribbean and Pacific (ACP) Group of States

• North America

• Central America and Latin America

• Asian countries

• Oceanian countries

11.5 Action in favour of countries in transition

• European Bank for Reconstruction and Development

• Financial and economic Aid

• Specific aid actions

11.6 Commercial policy

• General

• Extension or renewal of agreements with State-trading countries

• Trade arrangements

• Trade protection

• Other commercial policy measures

• Statistics on external trade (Nimexe)

11.7 Development policy

• General

• Aid to developing countries

• Generalised system of preferences

• Associations

12. ENERGY

12.1 Statistics

12.2 General principles and programmes

• General

• Rational utilisation and conservation of energy

12.3 Coal

• Promotion of the coal industry

• Competition: rates and other conditions of sale

• Coal products

• Other measures relating to coal

12.4 Electricity

12.5 Nuclear energy

• Fuel supplies

• Power stations and joint undertakings

• Safeguards

• Nuclear research

• Other measures relating to nuclear energy

12.6 Oil and gas

• Supplies and stocks

• Intra-Community trade

• Other measures relating to oil or gas

12.7 Other sources of energy

13. INDUSTRIAL POLICY AND INTERNAL MARKET

13.1 Industrial policy: general, programmes, statistics and research

• General

• Programmes and statistics

• Research and technological development (number of acts: 79)

13.2 Industrial policy: sectoral operations

• Iron and steel industry

• Shipbuilding

• Aeronautical industry

• Textiles

• Leather, hides, skins and footwear

• Information technology, telecommunications and data-processing

• Other industrial sectors

13.3 Internal market: approximation of laws

13.4 Internal market: policy relating to undertakings

13.5 Trans-European networks

14. REGIONAL POLICY AND COORDINATION OF STRUCTURAL INSTRUMENTS

14.1 Statistics

14.2 General principles, programmes and statistics

14.3 European Regional Development Fund (ERDF)

14.4 Monitoring and coordination of regional State aids

14.5 Autonomous regional action

• ERDF operations

• Aid for stricken regions

• Community loans

14.6 Coordination of structural instruments

14.7 Economic and social cohesion fund

15. ENVIRONMENT, CONSUMERS AND HEALTH PROTECTION

15.1 Statistics

15.2 Environment

• General provisions and programmes

• Pollution and nuisances

• Space, environment and natural resources

• International cooperation

15.3 Consumers

• General

• Consumer information, education and representation

• Protection of health and safety

• Protection of economic interests

15.4 Health protection

15.5 Protection of animals

16. SCIENCE, INFORMATION, EDUCATION AND CULTURE

16.1 Statistics

16.2 Science

• General principles

• Research sectors

16.3 Dissemination of information

16.4 Education and training

16.5 Culture

17. LAW RELATING TO UNDERTAKINGS

17.1 Company law

17.2 Intellectual property law

17.3 Economic and commercial law

• Business procedures

• Other economic and commercial provisions

18. COMMON FOREIGN AND SECURITY POLICY

19. AREA OF FREEDOM, SECURITY AND JUSTICE

19.1 Free movement of persons

• Elimination of internal border controls

• Crossing external borders

• Asylum policy

• Immigration and the right of nationals of third countries

19.2 Judicial cooperation in civil matters

19.3 Police and judicial cooperation in criminal and customs matters

• Police cooperation

• Judicial cooperation in criminal matters

• Customs cooperation

19.4 Programmes

19.5 External relations

20. PEOPLE’S EUROPE

20.1 Statistics

20.2 Freedom of movement of people

20.3 European citizenship.

1. It is clear from these 20 headings that the competence of the EU under the relevant EU Treaties is, by comparison with a nation State (whether France or Ireland), relatively limited. Of the 36 subject matter headings used in the Draft Classified List in the Appendix, EU areas of competence have had a significant impact on:

• Agriculture and Food

• Commercial Law (including competition law and consumer protection)

• Employment Law

• Environmental Law

• Fisheries

• State Finance (euro currency)

• Taxation (customs law and VAT only) and

• Transport.

1. In the majority of the other 36 headings, the impact of EU law is much less significant. Indeed, in many headings the impact has been virtually minimal, such as:

• Courts and Courts Service

• Criminal Law

• Defence Forces

• Education

• Family Law and

• Garda Síochána (Police).

88. In this respect, some of the 36 subject matter headings in the draft Classified List in the Appendix mirror the areas of competence of the EU, but many others, such as Criminal Law and Family Law, involve very little if any EU influence.

U Conclusions

89. The Commission’s overview in this Chapter of the codification, and “de-codification,” of the Civil Law codes indicates that the federal and state legislative codes of the United States (discussed in Chapter 2) appear to provide a more coherent framework for the development of a Classified List of Legislation in Ireland. In addition, it is clear that EU law, while of significant influence in a number of areas of law since the 1970s, does not provide a comprehensive framework on which to build a complete classification. On that basis, the Commission has concluded, and provisionally recommends, that the development of a Classified List of Legislation in Force in Ireland (covering both pre-1922 and post-1922 Acts) can derive some benefits from a review of codes developed in Civil Law states such as France but that they are less likely to be of benefit by comparison with, for example, the federal and state legislative codes of the United States. In addition, the Commission has concluded, and also provisionally recommends, that a Classified List of Legislation in Force in Ireland should mirror, where relevant, the subject-matter of EU law, bearing in mind the relatively limited scope of EU law by comparison with the scope and range of laws enacted in Ireland.

90. The Commission provisionally recommends that a Classified List of Legislation in Force in Ireland (covering both pre-1922 and post-1922 Acts) can derive some benefits from a review of codes developed in Civil Law states such as France. The Commission also provisionally recommends that a Classified List of Legislation in Force in Ireland should mirror, where relevant, the subject-matter of EU law.

S ummary of PROVISIONAL recommendations

The Commission’s provisional recommendations in this Consultation Paper are as follows.

91. The Commission provisionally recommends that a Classified List of Legislation in Force in Ireland (covering both pre-1922 and post-1922 Acts) should be developed, using subject-matter headings that mirror those in place in comparable states. [paragraph 1.45]

92. The Commission provisionally recommends that a Classified List of Legislation in Force in Ireland (covering both pre-1922 and post-1922 Acts) should broadly follow the subject-matter headings found in the federal and state legislative codes of the United States, while also taking into account the nomenclature commonly used in Ireland for particular areas of law and the relevant Government Department with which each Act in the List is associated. The Commission also invites submissions on the manner in which the Commission has suggested that the Acts be classified and organised in the draft Classified List in the Appendix to this Consultation Paper. [paragraph 2.19]

93. The Commission provisionally recommends that a Classified List of Legislation in Force in Ireland (covering both pre-1922 and post-1922 Acts) can derive some benefits from a review of codes developed in Civil Law states such as France. The Commission also provisionally recommends that a Classified List of Legislation in Force in Ireland should mirror, where relevant, the subject-matter of EU law. [paragraph 3.23]

Appendix DRAFT CLASSIFIED LIST OF LEGISLATION IN IRELAND

The Draft Classified List is preceded by: (1) the notation (for example, “Agric” for the Department of Agriculture, Fisheries and Food) for each Government Department; and (2) a Table of Contents for the 36 Subject-Matter Headings used in the List (including references to any broadly comparable Titles in the US Legislative Codes discussed in Chapter 2).

NOTATION USED FOR EACH DEPARTMENT AND

FORMAT OF EACH ENTRY IN THE DRAFT CLASSIFIED LIST

The Classified List has used a specific notation for each of the 15 Government Departments. These are:60

1. Department of Agriculture, Fisheries and Food (notation in the Draft Classified List: Agric)

2. Department of Communications, Energy and Natural Resources (notation: Comms)

3. Department of Community, Equality and Gaeltacht Affairs (formerly Department of Community, Rural and Gaeltacht Affairs) 61 (notation: Gaeltacht)

4. Department of Defence (notation: Defence)

5. Department of Education and Skills (formerly Department of Education and Science)62 (notation: Educate)

6. Department of Enterprise, Trade and Innovation (formerly Department of Enterprise, Trade and Employment) 63 (notation: Enterprise)

7. Department of Environment, Heritage and Local Government (notation: Environ)

8. Department of Finance (notation: Finance)

9. Department of Foreign Affairs (notation: Foreign)

10. Department of Health and Children (notation: Health)

11. Department of Justice and Law Reform (formerly Department of Justice, Equality and Law Reform)64 (notation: Justice)

12. Department of Social Protection (formerly Department of Social and Family Affairs)65 (notation: Social)

13. Department of Tourism, Culture and Sport (formerly Department of Arts, Sport and Tourism)66 (notation: Tourism)

14. Department of Transport (notation: Transport)

15. Department of the Taoiseach (notation: Taoiseach).

Each entry in the Draft Classified List of Legislation in Ireland has three columns. For example the first entry in the Draft Classified List is:

Department NAME OF ACT No./Year of Act

Column 1 contains the notation for the Department with which the Act has been identified, Column 2 contains the name of the Act and Column 3 contains its number and year.

TABLE OF CONTENTS FOR THE 36 HEADINGS IN CLASSIFIED LIST

The 36 headings the Classified List are set out below. For each heading, the proposed Heading is given first, followed by an indication of the main relevant Department(s), followed by any generally corresponding heading(s) in the United States Code (USC) or Maryland Legislative Code. The page number where each heading begins is also given.

Note: the Classified List is up to date to Act No.40 of 2010, the Criminal Law (Insanity) Act 2010 (signed into law by the President on 22 December 2010).

Page

1. Agriculture and Food (primarily: Department of Agriculture, Fisheries

and Food) (Maryland 1; USC part of Title 21) 47

2. Arts, Culture and Sport (primarily: Department of Tourism, Culture and

Sport Department of the Environment, Heritage and Local Government) (Maryland 3

and 20: part of each) 54

3. Business Occupations and Professions (Various Departments)

(Maryland 2) 58

4. Business Regulation, Including Business Names, Company Law and

Partnership (primarily: Department of Enterprise, Trade and Innovation)

(Maryland 3 and 5; USC Title 11) 61

5. Citizenship, Equality and Individual Status (primarily: Department of

Community, Equality and Gaeltacht Affairs; Department of Justice and

Law Reform; Department of Health and Children) (USC Title 8) 63

6. Civil Liability (Contract and Tort) and Dispute Resolution (primarily: Department of Enterprise, Trade and Innovation; Department of Justice and Law Reform)

(USC Title 9) 66

7. Commercial Law (primarily: Department of Enterprise, Trade and Innovation)

(USC 17 and 35; Maryland 4) 69

8. Communications and Energy (Department of Communications, Energy

and Natural Resources) (Maryland 25) 72

9. Courts and Courts Service (Department of Justice and Law Reform)

(Maryland 7 and 9) 77

10. Criminal Law (Department of Justice and Law Reform) (Maryland 8) 81

11. Defence Forces (Department of Defence) (USC Title 10) 88

12. Education and Skills (Department of Education and Skills) (Maryland 11) 91

13. Election and Referendum Law (Department of the Environment, Heritage

and Local Government) (Maryland 12) 94

14. Employment Law (Department of Enterprise, Trade and Innovation)

(Maryland 22) 96

15. Enterprise and Economic Development (primarily: Department of

Enterprise, Trade and Innovation; Department of Finance; Department

of Tourism, Culture and Sport) (Maryland 10) 100

16. Environment (Department of the Environment, Heritage and

Local Government) (Maryland 13) 103

17. Family Law (Department of Justice and Law Reform; Department

of Health and Children) (Maryland 15) 104

18. Financial Services and Credit Institutions (primarily: Department

of Finance; Department of Enterprise, Trade and Innovation)

(Maryland 16 and 21) 106

19. Foreign Affairs and International Relations (primarily:

Department of Foreign Affairs; Department of the Taoiseach) (USC Title 22) 109

20. Garda Síochána (Police) (Department of Justice and Law Reform) 113

21. Health and Health Services (Department of Health and Children)

(USC Title 21: part; Maryland 18) 114

22. Irish Language and Gaeltacht (Department of Community, Equality

and Gaeltacht Affairs) (Maryland 23: part) 118

23. Land Law, Succession and Trusts (primarily: Department of

Justice and Law Reform; Department of the Environment, Heritage and

Local Government) (Maryland 14 and 26) 119

24. Licensed Sale of Alcohol (Department of Justice and Law Reform)

(USC Title 27) 122

25. Local Government (primarily: Department of the Environment,

Heritage and Local Government) (Maryland 28) 124

26. National Government (primarily: Department of the Taoiseach;

Department of Finance) (Maryland 28; USC Title 40) 129

27. Natural Resources (primarily: Department of Communications,

Energy and Natural Resources) (Maryland 23) 133

28. Oireachtas (National Parliament) and Legislation (primarily:

Department of the Taoiseach; Department of Finance) (USC Title 40) 137

29. Planning, Development and Housing (primarily: Department

of the Environment, Heritage and Local Government) (Maryland 19) 141

30. Prisons and Places of Detention (Department of

Justice and Law Reform) (Maryland 6) 143

31. Public Safety (Including Building Standards, Fire Safety,

Product Safety and Safety and Health at Work)

(Various Departments) (Maryland 24) 145

32. Social Welfare, Pensions and Community Services

(Department of Social Protection; Department of Community,

Equality and Gaeltacht Affairs) (Maryland 20) 148

33. State Finance and Procurement (primarily: Department of

Finance) (Maryland 27) 151

34. State Personnel and Superannuation/Pensions (Department of

Finance) (Maryland 29) 156

35. Taxation (Department of Finance) (Maryland 30 and 31; USC Title 19) 158

36. Transport (Department of Transport) (Maryland 32) 160

1. AGRICULTURE AND FOOD

(PRIMARILY: DEPARTMENT OF AGRICULTURE, FISHERIES AND FOOD)

1.1 AGRICULTURAL APPEALS OFFICE

1.2 AGRICULTURAL STRUCTURES

• RESEARCH TRAINING AND ADVICE

1.3 ANIMAL HEALTH AND WELFARE

• GENERAL

  Health	CRUELTY TO ANIMALS ACT 1876	39 & 40 Vict., c. 77
  Health	EUROPEAN COMMUNITIES (AMENDMENT OF CRUELTY TO ANIMALS ACT 1876) REGULATIONS 1994	S.I. No. 17/1994
  Health	EUROPEAN COMMUNITIES (AMENDMENT OF CRUELTY TO ANIMALS ACT 1876) REGULATIONS 2002	S.I. No. 566/2002
  Health	EUROPEAN COMMUNITIES (AMENDMENT OF CRUELTY TO ANIMALS ACT 1876) REGULATIONS 2005	S.I. No. 613/2005
  Agric	PROTECTION OF ANIMALS ACT 1911	1 & 2 Geo.5, c.27
  Agric	PROTECTION OF ANIMALS (AMENDMENT) ACT 1965	10/1965
  Environ	CAPTIVE BIRDS SHOOTING (PROHIBITION) ACT 1921	11 & 12 Geo. 5, c.13
  Environ	IMPORTATION OF PLUMAGE (PROHIBITION) ACT 1921	11 & 12 Geo. 5, c.16
  Agric	MUSK RATS ACT 1933	16/1933
  Environ	POUNDS (PROVISION AND MAINTENANCE) ACT 1935	17/1935
  Agric	PROTECTION OF ANIMALS KEPT FOR FARMING PURPOSES ACT 1984	13/1984

• ANIMAL DISEASES

• MARTS

  Agric

  LIVESTOCK MARTS ACT 1967

  20/1967

• CONTROL OF DOGS

  Environ	CONTROL OF DOGS ACT 1986	32/1986
  Environ	CONTROL OF DOGS (AMENDMENT) ACT 1992	13/1992
  Environ	DOG BREEDING ESTABLISHMENTS ACT 2010	29/2010

• CONTROL OF HORSES

  Agric

  CONTROL OF HORSES ACT 1996

  37/1996

• WILDLIFE

1.4 COMMON AGRICULTURAL POLICY AND PRICE SUPPORT

• PRICE SUPPORT AND PRICE SUBSIDY

1.5 CROP PRODUCTION AND SAFETY

• RESEARCH AND TRAINING

• ANIMAL FEEDINGSTUFFS

• CEREAL SEED VARIETY TESTING AND SEED CERTIFICATION

• EXPORT AND IMPORT

• FERTILIZERS AND PLANT TRADE

• FLOUR

• PESTICIDES

• POTATOES

• SEED TESTING

• SUGAR

1.6 FOOD AND FOOD SAFETY

• ABATTOIRS

• ANIMAL REMEDIES

• FOOD PROMOTION

• FOOD STANDARDS

1.7 LAND RECLAMATION

1.8 LIVESTOCK BREEDING

• GENERAL

• CATTLE

• HORSES

1.9 MEAT HYGIENE AND ANIMAL BY-PRODUCTS

• ANIMAL BY-PRODUCTS

  Agric	CLEAN WOOL ACT 1947	27/1947
  Agric	WOOL MARKETING ACT 1968	26/1968
  Agric	WOOL MARKETING ACT 1984	11/1984

• MEAT HYGIENE

• CATTLE AND SHEEP MEAT

  Agric	SLAUGHTER OF CATTLE AND SHEEP ACT 1934	42/1934
  Agric	SLAUGHTER OF CATTLE AND SHEEP (AMENDMENT) ACT 1935	37/1935
  Agric	SLAUGHTER OF CATTLE AND SHEEP (AMENDMENT) ACT 1936	33/1936
  Agric	NATIONAL BEEF ASSURANCE SCHEME ACT 2000	2/2000

• PIGMEAT

  Agric	PIGS AND BACON ACT 1935	24/1935
  Agric	PIGS AND BACON ACT 1937	23/1937
  Agric	PIGS AND BACON (AMENDMENT) ACT 1939	35/1939
  Agric	PIGS AND BACON ACT 1940	24/1940
  Agric	PIGS AND BACON (AMENDMENT) ACT 1956	37/1956
  Agric	PIGS AND BACON (AMENDMENT) ACT 1961	14/1961

• POULTRY AND EGGS

1.10 MILK AND MILK PRODUCTS

2. ARTS, CULTURE AND SPORT

(PRIMARILY: DEPARTMENT OF TOURISM, CULTURE AND SPORT; DEPARTMENT OF THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT)

2.1 ARTS GENERALLY

2.2 ART GALLERIES

2.3 BROADCASTING, FILMS, PUBLICATIONS AND VIDEOS

• BROADCASTING

• FILM AND VIDEO

• PUBLICATIONS

2.4 CULTURAL INSTITUTIONS, INCLUDING MUSEUMS

2.5 DANCE HALLS

2.6 HERITAGE, INCLUDING NATIONAL MONUMENTS

• HERITAGE: GENERAL

  Environ	HERITAGE ACT 1995	4/1995
  Environ	ARCHITECTURAL HERITAGE (NATIONAL INVENTORY) AND HISTORIC MONUMENTS (MISCELLANEOUS PROVISIONS) ACT 1999	19/1999
  Tourism	HERITAGE FUND ACT 2001	44/2001

• HISTORIC PARKS AND SITES

  Finance	PHOENIX PARK ACT 1925	31/1925
  Finance	BOURN VINCENT MEMORIAL PARK ACT 1932	31/1932
  Finance	HOLYCROSS ABBEY (COUNTY TIPPERARY) ACT 1969	7/1969
  Gaeltacht	AN BLASCAOD MÓR NATIONAL HISTORIC PARK ACT 1989	11/1989

• NATIONAL MONUMENTS

  Environ	NATIONAL MONUMENTS ACT 1930	2/1930
  Environ	NATIONAL MONUMENTS (AMENDMENT) ACT 1954	37/1954
  Environ	NATIONAL MONUMENTS (AMENDMENT) ACT 1987	17/1987
  Environ	NATIONAL MONUMENTS (AMENDMENT) ACT 1994	17/1994
  Environ	NATIONAL MONUMENTS (AMENDMENT) ACT 2004	22/2004

• OPEN SPACES