Publication of Legislation

Publication of Bills, Explanatory Memoranda, and Financial Memoranda

Bills and Explanatory Memoranda and Financial Memoranda are published by the Office of the Houses of the Oireachtas on the Houses’ Web site, and on paper through the Stationery Office (Government Supplies Agency).

If a bill is amended by a House or by a parliamentary committee, the bill is printed again “as amended in committee” or “as passed by Dáil Éireann” or “as passed by Seanad Éireann” and published on the Houses’ Web site.

If a bill is passed by both Houses, it is printed again “as passed by both Houses of the Oireachtas“.

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Publication of Acts of the Oireachtas

When a bill is passed by both Houses of the Oireachtas, and signed by the President, it becomes and Act of the Oireachtas (statute law).

 

The Act is promulgated as a law when:

• A notice appears in the Iris Oifigiúil (the Official Irish State Gazette) http://www.irisoifigiuil.ie/ by direction of the president
• A signed copy of the bill is enrolled in the Office of the Supreme Court
• The Office of the President informs the Office of the Houses of the Oireachtas that the president has signed the bill, and the Act number is also supplied.
• The Office of the Supreme Court informs the Office of the Houses of the Oireachtas that the Act has been enrolled in the Office of the registrar of the Supreme Court.

At this stage, the Office of the Houses of the Oireachtas will pubish the Act, and the official translation, on paper through the Stationery Office, and on the Houses’ Web site as a PDF file.

 

At a later stage, the Office of the Attorney Will publish a bound volume of the Acts of the Oireachtas, and add the text of the Acts to the Irish Stature Book Web site. The Legislation Directory will also be updated.

 

The Office of the Houses of the Oireachtas will pubish the bound volumes of the official translations of the Acts of the Oireachtas.

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Publication of Statutory Instruments

 

Statutory instruments are usually published by agency responsible for the instrument, and a notice appears in the Iris Oifigiúil.

 

Statutory instruments are later added to the Irish Statute Book Web site.

Legal Basis for Publishing Legislation

This post outlines the legal basis of the publication of legislation in Ireland.

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Documentary Evidence Act 1925

Proof of Acts of the Oireachtas

2. —

Prima facie evidence of this or any other Act of the Oireachtas whether public, or private, and whether passed before or after the passing of this Act, or of the Journal of the Proceedings of either House of the Oireachtas, may be given in all Courts of Justice and in all legal proceedings by the production of a copy of such Act or Journal printed under the superintendence or authority of and published by the Stationery Office.

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Constitution of Ireland – Bunreacht na hÉireann 1937

Signing and Promulgation of Laws

Article 25 4

2° Every Bill signed by the President under this Constitution shall be promulgated by him as a law by the publication by his direction of a notice in the Iris Oifigiúil stating that the Bill has become law.

5° As soon as may be after the signature and promulgation of a Bill as a law, the text of such law which was signed by the President or, where the President has signed the text of such law in each of the official languages, both the signed texts shall be enrolled for record in the office of the Registrar of the Supreme Court, and the text, or both the texts, so enrolled shall be conclusive evidence of the provisions of such law.

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The Statutory Instruments Act 1947

3.—

(1) The following provisions shall apply in respect of every statutory instrument to which this Act primarily applies

 (a ) within seven days after the making thereof, a copy thereof shall be sent to each of the following, namely, the National Library of Ireland, the Law Library, Four Courts, Dublin, the Incorporated Law Society of Ireland, the Dublin Chamber of Commerce, the Cork Chamber of Commerce the Limerick Chamber of Commerce, the Waterford Chamber of Commerce and the Galway Chamber of Commerce,

( b ) as soon as may be after it is made, it shall, notwithstanding that it is liable to be annulled, be printed under the superintendence of the Stationery Office,

( c ) as soon as may be after it has been printed, notice of the making thereof and of the place where copies thereof may be obtained shall be published in the Iris Oifigiúil,

( d ) as on and from the date of the issue of the Iris Oifigiúil containing the said notice, copies of the said statutory instrument shall be kept at the place specified in the said notice and may be obtained there.

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Copyright and Related Rights Act, 2000

Copyright in Acts, etc.

192.—

(1) The copyright in any Bill or enactment vests in the Houses of the Oireachtas.

(2) The copyright provided for in this section subsists from the date of the first lawful making available to the public of the work and shall expire 50 years from the end of the calendar year in which the work was so made available.

Consolidated Legislation

Official Collection

There is no official collection (collections that are legally binding by or on behalf of a State authority) of consolidated legislation in Ireland.

However, consolidation Acts are used on occasion to consolidate the law in certain areas.

Restatements are administrative consolidations of acts, which will be available in future.

The Legislation Directory (Chronoloical Tables) gives a view of an act or statutory instrument, as amendmented by later statutes or statutory instruments.

More details of each category are available below.

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Irish Statute Book http://www.irishstatutebook.ie/

Access: free

Status: informative value

Available Media: On-line database / Website, CD-ROM

Deadline for Consolidation: There is no deadline for consolidation

Organisation responsible: Office of the Attorney General

Contents

Consolidation Acts

A consolidating Act consolidates existing statute law on a particular subject matter by repealing and re-enacting Acts and amendments to those Acts in a single legally binding Act.

Special procedures relating to Consolidation Bills are set out in Standing Orders of the Houses of the Oireachtas.

Examples of consolidation acts are:

• Social Welfare Consolidation Act 2005
• Taxes Consolidation Act, 1997

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Houses of the Oireachtas Web site http://www.oireachtas.ie/

Access: free

Status: PDF copies of Acts and Official translations legally binding (prima facie evidence), html copies – informative value

Available Media: On-line database / Website, DVD (Debates)

Deadline for Consolidation: There is no deadline for consolidation

Organisation responsible: Office of the Houses of the Oireachtas

Contents

Consolidation Acts

A consolidating Act consolidates existing statute law on a particular subject matter by repealing and re-enacting Acts and amendments to those Acts in a single legally binding Act.

Special procedures relating to Consolidation Bills are set out in Standing Orders of the Houses of the Oireachtas.

Examples of consolidation acts are:

• Taxes Consolidation Act 1997
  • Taxes Consolidation Act, 1997 – File 1
  • Taxes Consolidation Act, 1997 – File 2
  • Taxes Consolidation Act, 1997 – File 3
• Social Welfare Consolidation Act 2005

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Law Reform Commission http://www.lawreform.ie/

Access: free

Status: work in progress, will be prima facie evidence in court

Available Media: On-line database / Website

Deadline for Consolidation: There is no deadline for consolidation

Organisation responsible:

Contents

Restatements

In accordance with the Statute Law Restatement Act 2002, the Law Reform Commission produces Statute Law Restatements.

A restatement is an administrative consolidation of an Act, as amended subsequently, which is made available in printed or electronic form in a single text and is certified by the Attorney General as an up-to date statement of the Act in question as amended. 

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Irish Statute Book http://www.irishstatutebook.ie/

Access: free

Status: informative value

Available Media: On-line database / Website, CD-ROM

Deadline for Consolidation: There is no deadline for consolidation

Organisation responsible: Office of the Attorney General

Contents

Legislation Directory (Chronological Tables)

The purpose of the Legislative Directory is to enable users of the Irish Statute Book to identify whether a particular provision has been amended or otherwise affected since its enactment.

The Legislation Directory 1922-2005 indicates how the following statutes are affected by:

• Acts of the Oireachtas,
• Saorstát Éireann (Irish Free State) Statutes,
• or Statutory Instruments:

The following statutes are affected:

• Pre-Union Irish Statutes (1236-1800)
• English Statutes (1226-1707)
• Pre-Union British Statutes (1707-1800)
• United Kingdom Statutes (1801-1922)
• Saorstát Éireann Statutes  (1922-1937)
• Acts of the Oireachtas (1937-2008)

The Legislation Directory also lists:

• Orders made under section 6(1) of the Ministers and Secretaries (Amendment) Act 1939
• Commencement orders under the 1922-2005 legislation
• Regulations made under section 3 of the European Communities Act 1972

Official Databases/Websites containing Legislation

Constitution of Ireland

Access: free

Status: informative value

Available Media: On-line database / Website

Organisation responsible: Department of the Taoiseach

Contents

The Constitution of Ireland – Bunreacht na hÉireann is available on-line on the Department of the Taoiseach’s (prime minister’s) Web site.

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Irish Statute Book http://www.irishstatutebook.ie/

Access: free

Status: informative value

Available Media: On-line database / Website, CD-ROM

Organisation responsible: Office of the Attorney General

Contents

Acts of the Oireachtas are published by the Stationery Office, Government Supplies Agency, part of the Office of Public Works, and available for sale through the Government Publications Sale Office, Molesworth Street, Dublin 2, by mail order, or through any bookseller.

The Irish Statute Book Web site www.irishstatutebook.ie, published by the Office of the Attorney General,  contains the following legal texts in HTML:

• Primary Legislation
  • Acts of the Oireachtas1922 to 2008 (html)
    • Acts of the Oireachtas (Saorstát Éireann Statutes) 1922 – 1937
    • Acts of the Oireachtas 1937 – 2008
• Secondary Legislation
  • Statutory Rules, Orders and Regulations 1922 – 1947 by series (html)
  • Statutory Instruments – 1948 – 2005 (no. 350 of 2005) (html)
  • Statutory Instruments 2007 – 2008 (PDF format)
• Legislation Directory (Chronological Tables)
  • The Legislation Directory 1922-2005 indicates how the following are affected by Acts of the Oireachtas, Saorstát Éireann (Irish Free State) Statutes, or Statutory Instruments:
    • Pre-Union Irish Statutes (1236-1800)
    • English Statutes (1226-1707)
    • Pre-Union British Statutes (1707-1800)
    • United Kingdom Statutes (1801-1922)
    • Saorstát Éireann Statutes  (1922 – 1937)
  • The Legislation Directory also lists:
    • Orders made under section 6(1) of the Ministers and Secretaries (Amendment) Act 1939
    • Commencement orders under the 1922-2005 legislation
    • Regulations made under section 3 of the European Communities Act 1972

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Houses of the Oireachtas Web site http://www.oireachtas.ie/

Access: free

Status: PDF copies of Acts and Official translations – legally binding (prima facie evidence), html – informative value

Available Media: On-line database / Website, DVD (Debates)

Organisation responsible: Office of the Houses of the Oireachtas

Contents

Bills, Acts and Official Translations, and Parliamentary Debates

The Office of the Houses of the Oireachtas Web site contains the full text of Bills, Explanatory and Financial Memoranda, Amendments, Acts of the Oireachtas and Official Translations, and Standing Orders of Dáil Éireann and Seanad Éireann.

Acts of the Oireachtas and Official Translations 1997 – 2008  – The full text of all Acts of the Oireachtas 1997 – 2008 and official translations is available on the Oireachtas site, as PDF versions of the documents as printed.

The following information is also available on the Houses of the Oireachtas Web site

• Acts of the Oireachtas and available Official Translations 1922 – 2002 are available as html on the following Oireachtas Web sites:
  • http://achtanna.oireachtas.ie/ (no frames search)
  • http://achtanna2.oireachtas.ie/ (frames search, indicating which Acts are available on-line in both languages)
• Bills and explanatory Memoranda 1997 – 2008 - this includes the full text (in PDF) of all bills and explanatory memoranda since 1997, including links from the arrangement of sections to the sections of the bill. Amendment lists are included, and amendments in context are being developed at present. Links to debates on bills are also included.
• Parliamentary Debates of both Houses since 1919 as available as html. Parliamentary committee debates will be added in 2008.