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Restatements - how do you request one be prepared?

  • 20-04-2006 4:29pm
    #1
    Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭


    Folks,
    A quick query - how would you go about having the Attorney General prepare a Restatement for a particular Act?


Comments

  • Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭padser


    Had a quick read through the act there. There is nothing in it that I saw anyway about who can cause an act to be restated. It looks as if if its simply at the discretion of the AG.

    It certainly doesnt confer any right on individuals to have an act re stated for them.

    Your only option I would say would be to write a letter to the AG asking for it to be re stated, but I really doubt it will make any difference. It looks as if there has been very few re statements.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    You can't to the best of my knowledge. After acouple of years and despite a crying need in some ares like the Roads Acts and the Road Traffic Acts, it hasn't happened.

    The AG's is currently in the middle of a review to repeal hundreds on pre-Union acts and that is likely to consume a lot of resources for an extended period.


  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    Victor wrote:
    You can't to the best of my knowledge. After acouple of years and despite a crying need in some ares like the Roads Acts and the Road Traffic Acts, it hasn't happened.
    The AG's is currently in the middle of a review to repeal hundreds on pre-Union acts and that is likely to consume a lot of resources for an extended period.
    Gah. I've had a stab at doing one myself just for an overview of the Firearms Acts, but obviously it's not the same thing :(


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Be careful, because they may have been altered by some other legislation that only has a marginal connection, e.g. Offences Against the State Act and Criminal Justice Acts.


  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    The parts I was looking at weren't Victor, though the Chronological Table was a handy check - but other parts definitely would have been affected by other legislation - a lot of stuff in the EU firearms laws would have a serious effect as well.

    What's really needed is for someone to go through the Act, all the stuff that applies to it, and then draft a new Act to totally replace the mess we have now.

    Two chances of that happening though, I guess. :(


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  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    From the most recent Dail Select Committee meeting:
    Mr. McDowell: ... Under the Statute Law (Restatement) Act 2002, all of the Firearms Acts are capable of being restated as a series of Acts in consolidated form. I intend to have the Department prepare a restatement of the Acts to ensure they are easy to follow. The amendments must fit into place to allow a person to pick up the text and easily understand the law.

    It's enough to make you think you were being listened to :D


  • Registered Users, Registered Users 2 Posts: 372 ✭✭Lplated


    Firearms Acts are consolidated in Goldberg, Consol Crim Leg, Roundhall (2001?), and updated since publication.


  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    Forgive the lack of legal citation knowlege but where could I get a copy of that?


  • Registered Users, Registered Users 2 Posts: 372 ✭✭Lplated


    Could buy it in any legal bookshop, think its expensive though.
    Any University library would have it, possibly also the National Library (which I think is a deposit library).


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Which one are you looking for?
    Firearms Act 1964;
    Firearms Act 1971;
    Firearms Act 1925.


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  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    You forgot:
    Firearms and Offensive Weapons Act 1990
    [url=http://www.bailii.org/ie/legis/num_act/fpa1998370/index.html#longtitle
    ]Firearms (Temporary Provisions) Act 1998[/url]
    Firearms (Firearm Certificates for non-residents) Act 2000
    and the Firearms (Proofing) Act 1968.

    What I wanted was not the acts themselves, but the restatement of the Firearms Act.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor




  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    Hmmm. Thanks Victor. Looking at it, by the way, I think it's just like the Combined Companies Acts, a looseleaf folder of the various acts all in one place - what I'm talking about is an actual Restatement, a single composite document made by taking the 1925 Act and then applying the amendments/additions/replacements brought in by every successive act before or after. I checked the AG's website but no joy; this restatement that McDowell's talking about would be the best solution really.


  • Registered Users, Registered Users 2 Posts: 372 ✭✭Lplated


    [Looking at it, by the way, I think it's just like the Combined Companies Acts, a looseleaf folder of the various acts all in one place - what I'm talking about is an actual Restatement, a single composite document made by taking the 1925 Act and then applying the amendments/additions/replacements brought in by every successive act before or after. .[/QUOTE]

    Actually a Consolidation is 'better' than a Restatement - reason is that a Consol does what you appear to be looking for (i.e. applies all the amendments so that you can read the law as it stands at the date of consolidation), in contrast, a Restatement, under the Restatement Act, leaves open a discretion so that not all applications, modifications etc have to be included in it.


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