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Dáil Éireann debate -
Tuesday, 24 Oct 1989

Vol. 392 No. 1

Ceisteanna—Questions. Oral Answers. - Law Reform Commission.

10.

asked the Taoiseach if he will outline the reports submitted by the Law Reform Commission during the past three years indicating which of same have been brought forward by the Government as legislative proposals; and if he will make a statement on the matter.

11.

asked the Taoiseach the cost of the Law Reform Commission for each of the last three years for which figures are available; and if he will make a statement on the trend indicated.

I propose to take Questions Nos. 10 and 11 together.

The information sought by the Deputy in Question No. 10 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 complex areas of law. They are most valuable and useful and are carefully studied by the Government Departments concerned with a view, where appropriate, to implementing them by way of legislation. Many of them, including a number of those referred to in the statement being circulated in the Official Report, are already incorporated in legislation or in Bills before the Oireachtas.

The grant-in-aid to the commission for each of the last three years which corresponds closely to the cost is as follows: 1987, £300,000; 1988, £310,000 and 1989, £330,000.

The following is the statement:

(1) Reports produced by the Law Reform Commission during the last three years:

(a) Report on The Statute of Limitations: Claims in Respect of Latent Personal Injuries.

(b) Consultation Paper on Rape.

(c) Report on the Service of Documents Abroad re Civil Proceedings — the Hague Convention.

(d) Report on Receiving Stolen Property.

(e) Ninth (Annual) Report.

(f) Report on Rape and Allied Offences.

(g) Report on the Rule Against Hearsay in Civil Cases.

(h) Report on Malicious Damage.

(i) Report on Debt Collection: (1) The Law Relating to Sheriffs.

(j) Tenth (Annual) Report.

(k) Report on Debt Collection: (2) Retention of Title.

(l) Report on the Recognition of Foreign Adoption Decrees.

(m) Report on Land Law and Conveyancing Law: (1) General Proposals.

(n) Consultation Paper on Child Sexual Abuse.

(o) Report on Land Law and Conveyancing Law: (2) Enduring Powers of Attorney.

(2) Action taken or proposed in respect of Law Reform Commission Reports published since October 1986:

(a) Report on the Statute of Limitations: Claims in respect of Latent Personal Injuries

A Bill to give effect to the commission's recommendation is being drafted and will be introduced in the Oireachtas as soon as possible.

(b) Report on Rape and Allied Offences

Legislation to implement the majority of the recommendations of the report is currently before the Dáil having been passed by the Seanad.

(c) Report on the Service of Documents Abroad re Civil Proceedings — The Hague Convention

The Superior Courts Rules Committee have been asked to draw up the rules of courts necessary for the implementation of The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Legislation will not be required to implement this report.

(d) Report on Receiving Stolen Property

(i) Legislation to implement the main recommendations of the report — the Larceny Bill, 1989 — is currently before the Dáil.

(ii) The recommendations on the admission of business records in evidence in criminal trials is being considered by the Minister for Justice for inclusion in a Criminal Evidence Bill which is being prepared.

(e) Report on Malicious Damage

A Bill to implement the recommendations of the report is being drafted.

(f) The recommendations in the other reports referred to at (1) above will be considered in due course by the relevant Government Departments.

Would the Taoiseach not agree that the very valuable reports prepared by the Law Reform Commission, which are of an uncontroversial nature, lay there for the most part unavailed of and unused? Would the Taoiseach agree to consider setting up a number of Dáil special committees to examine the bulk of those reports, many of which are matters of urgently needed law reform of an uncontroversial nature? Alternatively perhaps he could arrange to have them dealt with and processed through the House on regular Friday sittings.

As the Deputy knows, this is a matter which is constantly referred to here. Each Administration do their best to make progress in the area of these reports by the Law Reform Commission which, I agree with the Deputy, are very valuable and some of the areas are particularly urgent. I can only give the Deputy an undertaking that to the greatest extent possible we will deal with as many of them as possible. Some of them have already been dealt with or some are on the Order Paper. I will consider the Deputy's suggestion.

Will the Taoiseach consider the question of special committees?

Certainly, for particular pieces of legislation.

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