The MARQUESS of CLANRICARDEsaid, there were some important Bills which stood for to-morrow, and which professed to consolidate and amend the laws affecting landowners and occupiers, and freehold leasehold property in Ireland. He was sure their Lordships would agree with him that all Bills for consolidating the law should be considered with the greatest care, and that the whole of the statutes relating to the subject dealt with should be compared with the new code. It had been usual in all such cases to issue a commission, but that that step had not been thought necessary in the present instance. The question he wished to ask was, whether such of the Bills relating to the law affecting landowners and occupiers and freehold and leasehold property in Ireland, which purported to consolidate a large number of statutes, had been submitted to the law advisers of the Irish Government, and the opinion of those learned functionaries obtained as to the safety and accuracy of those Bills in that respect?
§ The DUKE of NEWCASTLEagreed with the noble Marquess that it was essential, in the case of any Bills for consolida- 1417 ting the law, that they should be compared with the existing statutes, and that the greatest care should be taken in their preparation. He had great pleasure, therefore, in being able to answer the question in a way which he thought would be satisfactory. It would be recollected that the Bills to which the noble Marquess referred had been introduced by Mr. Napier, when Attorney General for Ireland, and that they had not only the advantage of his great learning and legal ability, but were submitted by him to the most eminent lawyers before they were introduced to the other House. After the change of Government, notwithstanding the reliance that might have been placed on the opinion already given, it was thought desirable that the Bills should be submitted to the law officers of the new Administration. They were accordingly submitted to the Lord Chancellor of Ireland, and the Attorney and Solicitor General for Ireland, and they reported that the Bills had been drawn up with great care and accuracy, accompanying their report with a recommendation that they should be passed as speedily as possible into law.
The MARQUESS of CLANRICARDEsaid, it was physically impossible, with reference at least to the schedules, that those learned personages to whom the noble Duke referred could have seen the present Bills, for, on the last stage of the Bill in the other House last Monday, not less than six Acts of Parliament had been struck out of the schedule, and not less than five Acts which were not previously there put in. The Bill came up to that House on Thursday, and was not printed again till it came before their Lordships, so that it was impossible the learned gentleman to whom the noble Duke referred could have seen the schedules in their present state.
§ The DUKE of NEWCASTLEsaid, notwithstanding what had fallen from his noble Friend, the answer he had given was perfectly accurate. No doubt, if such Amendments as he mentioned were introduced at the last stage of the Bill, they could not have been seen by the gentlemen to whom he had referred; and he was unable to say whether they were aware of the nature of those alterations or not. He had spoken from information derived from the Secretary for Ireland; but of course his answer did not apply to alterations made on the third reading. He should make inquiry upon the subject.
§ The EARL of MALMESBURYobserved, 1418 that these Bills must not be regarded as the identical Bills brought in by the late Government, for they had been very considerably altered.