HC Deb 23 November 1966 vol 736 cc1394-5
43. Mr. William Hamilton

asked the Attorney-General if he will refer to the Law Reform Commission the need to revise and bring up to date the provisions of the Government of Ireland Act, 1920.

The Attorney-General

The Commission will be at liberty to include in any future draft programme whatever branches of the law it thinks calls for review. However, I should add that much of the law embodied in the Government of Ireland Act, 1920, is outside the Commission's scope.

Mr. Hamilton

Would my right hon. and learned Friend say why that is so? Will he not call to the attention of the Commission the anomalous situation in which we find ourselves, in which hon. Members who represent Northern Ireland in this House can ask Questions and can can speak and vote on every subject concerning the United Kingdom, while we are precluded from asking Questions or from voting on any matter relating to malpractices in Northern Ireland?

The Attorney-General

The explanation of my Answer is that Section 1(5) of the Law Commissions Act, 1965, excludes from their consideration any law of Northern Ireland which the Parliament of Northern Ireland has power to amend. That Act was passed by Parliament and the Law Commission is circumscribed by it. Accordingly, I fear that the anomaly to which my hon. Friend refers does not come within the competence of the Law Commission to consider.

Mr. Hector Hughes

In the event of my right hon. and learned Friend adopting the suggestion, will he, as a condition precedent, seek the advice and act on the views of the Government of the Republic of Eire?

The Attorney-General

I think that that question strays a little far from the functions and duties of the Law Commission. I do not think that I could pursue my hon. and learned Friend's interesting suggestion.