posted on 2013-11-19, 17:46authored bySeán Patrick Donlan, Rónán Kennedy
The Interpretation Act 2005 consolidates previous
legislation and contains some new provisions inspired by a Law
Reform Commission report. These may bring about a subtle but
significant change in the methods of statutory interpretation.
However, the Act is silent on the permissibility of extrinsic aids
in interpretation, particularly parliamentary debates, traditionally
prohibited by the exclusionary rule. This should indicate that the
prohibition continues but an examination of the debates on the
2005 Act shows that the Oireachtas does not have a clear
understanding of practice in the courts.