asked the Taoiseach the number of reports issued by the Law Reform Commission since they were established; the number which have been implemented in full or in part; if any timetable has been agreed for the implementation of the remainder; if his attention has been drawn to the concern expressed by the president of the Law Reform Commission at the slow rate of progress and his expressed belief that the work of the commission could become irrelevant if new measures are not introduced to ensure that their reports stand some realistic prospect of implementation; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Law Reform Commission Report.
3.
The information sought by the Deputy to the first part of the question is contained in a statement which I propose to circulate in the Official Report.
The numerous reports produced by the Law Reform Commission cover extensive and often highly complex areas of law. Many of their proposals are already incorporated in legislation or in Bills before the House. It would not, however, be practicable to fix, in advance, dates for the conclusion of the legislative process in every case. The Law Reform Commission Act recognised this and did not embody any requirement of time limits, either for the production by the commission of their reports or for the taking of decisions on them.
The reports of the commission are most valuable and useful and are carefully studied by the Government Departments concerned. The Government must, however, accord them the priority in their legislative programme which they consider appropriate taking into account the demand for other measures in fields not covered by the commission, such as initiatives concerning economic development and job creation, as well as financial, tax, health and social welfare matters.
(1) Reports produced by the Law Reform Commission:
(a) First Report on Family Law — Criminal Conversation, Enticement and Harbouring of a Spouse or Child, Loss of Consortium, Personal Injury to a Child, Seduction of a Child, Matrimonial Property and Breach of Promise of Marriage.
(b) Report on Civil Liability for Animals.
(c) Report on Defective Premises.
(d) Report on Illegitimacy.
(e) Report on the Age of Majority, the Age for Marriage and some Connected Subjects.
(f) Report on Restitution on Conjugal Rights, Jactitation of Marriage and Related Matters.
(g) Report on Domicile and Habitual Residence as Connecting Factors in the Conflict of Laws.
(h) Report on Divorce a Mensa et Thoro and Related Matters.
(i) Report on Nullity of Marriage.
(j) Report on Recognition of Foreign Divorces and Legal Separations.
(k) Report on Vagrancy and Related Offences.
(l) Report on the Hague Convention on the Civil Aspects of International Child Abduction and some Related Matters.
(m) Report on Competence and Compellability of Spouses as Witnesses.
(n) Report on Offences under the Dublin Police Acts and Related Offences.
(o) Report on Minors' Contracts.
(p) Report on the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.
(q) Report on the Liability in Tort of Minors and the Liability of Parents for Damage Caused by Minors.
(r) Report on the Liability in Tort of Mentally Disabled Persons.
(s) Report on Private International Law Aspects of the Capacity to Marry and Choice of Law in Proceedings for Nullity of Marriage.
(t) Report on Jurisdiction in Proceedings for Nullity of Marriage, Recognition of Foreign Nullity Decrees, and the Hauge Convention on the Celebration and Recognition of the Validity of Marriages.
(u) Report on the Statute of Limitations: Claims in respect of Latent Personal Injuries.
(v) Report on the Hague Convention on the service abroad of judicial and extrajudicial documents in Civil or Commercial Matters.
(w) Report on Receiving Stolen Property.
(x) Report on Rape.
(y) Report on the Rule Against Hearsay in Civil Cases.
(z) Report on Malicious Damage.
(aa) Report on Debt Collection: The Law relating to Sheriffs.
(2) Action taken or proposed in respect of each report:
(a) First Report on Family Law
The Family Law Act, 1981 abolished the actions for criminal conversation, the enticement and harbouring of a spouse and breach of promise of marriage. It also provided, inter alia, for the regulation of various questions in relation to the property of engaged and formerly engaged persons.
Progress on the preparation of legislation to give spouses equal rights of ownership in the family home has had to be deferred pending the final outcome of a recent case which is under appeal to the Supreme Court which deals with this issue.
(b) Report on Civil Liability for Animals
The Animals Act, 1985, which took account of the recommendations in the Commission's Report, was enacted on 12 June 1985 and was brought into operation by Ministerial Order on 20 September 1985.
(c) Report on Defective Premises
The Building Control Bill, 1984, which lapsed at the dissolution of the 24th Dáil, has been restored to the Dáil Order Paper at Committee Stage. When the Bill is enacted and the Building Regulations and the Building Control system provided for in the Bill are in operation further consideration can be given to the proposals contained in the report.
(d) Report on Illegitimacy
The Status of Children Act, 1987, which is fully in effect since 14 June 1988, provides comprehensively for the matters dealt with in this report.
(e) Report on Age of Majority
The Age of Majority Act, 1985, which lowered the age of majority from 21 to 18 years (or earlier in marriage) came into effect on 1 March 1985.
(f) Report on Restitution of Conjugal Rights, Jactitation of Marriage and Related Matters
The Family Law Act, 1988, abolished the action for restitution of conjugal rights.
(g) Report on Domicile and Habitual Residence as Connecting Factors in the Conflict of Laws
and
(j) Report on Recognition of Foreign Divorces and Legal Separations
The Domicile and Recognition of Foreign Divorces Act, 1986, which came into effect on 2 October 1986, abolished the domicile of dependency of married women and provided that a foreign divorce would be recognised if it was granted in a country where either spouse was domiciled or if it was recognised in the country or countries where the spouses are domiciled. It also included some consequential provisions related to these changes.
(h) Report on Divorce a Mensa et Thora and Related Matters
The Judicial Separation and Family Law Reform Bill, 1987 which deals with matters contained in the report, was introduced as a Private Member's Bill in December 1987. It was recommitted to a Dáil Special Committee on 29 November 1988. The Government supports the principle of the Bill.
(k) Report on Vagrancy and Related Offences
The offence of "wandering abroad" in section 4 of the Vagrancy Act, 1824 was repealed by section 28 of the Housing Act, 1988.
(l) Report on The Hague Convention on the Civil Aspects of International Child Abduction and Some Related Matters Proposals for legislation to give effect to this Convention are in course of preparation.
(n) Report on Offences Under the Dublin Police Acts
The Commission's recommendations in relation to the repeal of a number of obsolete provisions governing offences of a road traffic nature and their replacement where necessary by more modern provisions under the Road Traffic Code are being considered for inclusion in the next Road Traffic Bill. The Commission's recommendation regarding registration and plating of new vehicles prior to delivery is being considered in context of proposals for legislation to deter motor tax evasion.
(u) Report on the Statute of Limitations
A Private Member's Bill was introduced by Deputy George Birmingham on 3 March 1988 which is modelled on a draft scheme proposed by the Law Reform Commission in their report. The Government have decided to support the Bill in principle subject to certain amendments, mainly of a technical or drafting nature, which the Minister for Justice will propose.
(v) Report on The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters
Consultations are in progress with a view to agreeing the administrative procedures to be followed for the implementation of The Hague Convention. When these are agreed and the appropriate changes to the Rules of Court have been effected, the Convention will be ratified.
(w) Report on Receiving Stolen Property
The Minister for Justice expects to publish a Bill shortly arising out of the Government's consideration of this report.
(x) Legislation to implement the majority of the recommendations of the report is currently before the Seanad.
(3) (i), (m), (o), (p), (q), (r), (s), (t), (y), (z) and (aa)
The recommendations in these reports will be considered as soon as practicable by the appropriate Minister as a preliminary to consideration by the Government of the recommendations.
Would the Taoiseach comment on the statement from the President of the Law Reform Commission that the slow rate of implementation of the reports will lead to a position where the work of the commission will become irrelevant?
It has always been the case that the Law Reform Commission have never been satisfied with the rate of progress with which the Oireachtas enacts the various proposals put forward by the commission, but we, as I have said in my reply, have to take the need for other legislative proposals into account when deciding on our legislative programme.
Would the Taoiseach agree that the Law Reform Commission are quite capable of drafting legislation to fit in with the outlines of the report they present? Would he not agree that it would be a good idea to encourage the commission to produce a draft Bill and to allow that Bill to come to the House to be debated and then the Government or Opposition could amend it appropriately?
Our system, as the Deputy knows, is based on the Parliamentary Draftsman assuming responsibility for all legislation that comes before the House, but I do accept and I think the commission have on occasions put forward Bills drafted.
We should use the commission more.
Would the Taoiseach have regard to one of the suggestions made by the Chairman of the Law Reform Commission, that is, the establishment of a committee of the Oireachtas to liaise with the commission and in some way to assist in the promotion of the reform programme emanating from the commission as a means of making their work more relevant to the work of the House?
I think the Deputy must acknowledge that it is the constitutional, political, and parliamentary responsibility of the Government to decide what legislation comes before this House and in what form it should come before the House.
It is not.
Arising out of the Taoiseach's remark, may I remind him that there is no constitutional monopoly given to the Government to initiate legislation?
A question please, Deputy.
Would the Taoiseach not agree with me that it is a standing insult to the commission that the vast majority of their reports are never even considered by this House for one minute, that their hard work gets no consideration in a Parliament whose monopoly it is to legislate, not the Government.
I did not say that the Government legislate, I said that it is the duty of the Government to bring legislation before the House. The Deputy, as a skilled barrister, should listen carefully to what the witness is saying.
You are slighting the commission.
I do not think the commission should feel insulted in any way because I think they are as aware as anybody else of the difficulties and exigencies of the parliamentary programme. It is their duty and function to put forward proposals. It is the duty of the Government, and subsequently of this House, to decide which proposals should be enacted into law.
If the Taoiseach is not willing to appoint a committee of this House to liaise with the Law Reform Commission, would he consider appointing a member of the Government who would be responsible in particular for law reform and that that member of Government would then liaise with the Law Reform Commission?
By and large, the Minister for Justice is responsible for general law reform.
Would the Taoiseach not consider appointing a person who would have particular responsibility for law reform?
We are having repetition.
The Law Reform Commission does a great volume of that work which is very worth-while work.
General law reform, as I have said, is the responsibility of the Minister for Justice and he discharges that responsibility very satisfactorily.