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Dáil Éireann debate -
Tuesday, 23 Jan 1996

Vol. 460 No. 3

Written Answers. - Preparation of Legislation.

Frances Fitzgerald

Question:

389 Ms F. Fitzgerald asked the Minister for Justice the proposals for legislation being prepared under the auspices of her Department that have not yet been published; and the statutory instruments being prepared in her Department. [19384/96]

The information sought by the Deputy in relation to my Department is as follows. The Deputy will appreciate that I have an extensive programme of law reform under way in my Department and that this takes into account the commitments set out in relation to my area of responsibility in the Government policy agreement, A Government of Renewal.

The Deputy may be aware that the Government Chief Whip last week published information relating to the Government's legislation programme. The Criminal Justice (Drug Trafficking) Bill is included in the list of Bills which the Government expects to publish prior to Easter. The material published by the Government Chief Whip also contained an updated list of promised legislation which includes Bills which are being actively worked on and which will be published as soon as the necessary consultative, drafting and other procedures allow, some of which may become available before Easter. In relation to proposals under preparation in my Department, that list included the Criminal Law Bill, the Offences against the Person Bill, the Juvenile Justice (Children) Bill, the Criminal Law (Insanity) Bill, the Criminal Law (United Nations Convention against Torture) Bill, the Fundraising for Charitable and Other Purposes Bill, the Fraud Offences Bill, the Criminal Justice (Miscellaneous Provisions) Bill, and the Garda Representative Association Bill.
When legislative proposals are finalised in these — and other areas for which I have responsibility — they will, of course, be announced in the normal way.
I also have proposals to introduce legislation to reconstitute the Land Registry and the Registry of Deeds as a commercial semi-State body. Miscellaneous provisions of the legislation governing the operations of the Land Registry and Registry of Deeds may also be amended within the framework of the revesting legislation.
The Statutory Instruments at various stages of preparation in my Department are as follows:
1. Rules of Court
Rules of Court are initiated and drafted by the rules making committees of the various courts and are then submitted to the Minister for Justice for concurrence. When the Rules are signed by the Minister, they are given statutory effect in Statutory Instruments. A number of draft Rules are being considered at present in my Department prior to their submission to me for signature. These include:
(i) Draft Superior Courts Rules to provide for procedures in relation to review of the award or decision to award a public contract.
(ii) Draft Superior Courts Rules to provide for an additional Rule in relation to applications by Director of Public Prosecutions to review sentences.
(iii) Draft Superior Courts Rules to provide for an amended Rule regarding payment of funds to a defendant's solicitor.
(iv) Draft District Court [Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1955] Rules.
(v) Draft consolidated District Court Rules.
2. Coroners Fees and Expenses Regulations.
3. Courts (Spouses' and Children's Contributory Pensions) (Judiciary) Scheme.
4. Purchase of Notional Service Scheme for the Judiciary.
5. Regulations to update the Data Protection Act, 1988 [Section 5 (1) (d)] (Specification) Regulations, 1993.
6. Consideration is being given to the matter of preparing Regulations to establish an adjudicator under the provisions of section 15 of the Solicitors (Amendment) Act, 1994.
7. Criminal Justice (Legal Aid) (Amendment) Regulations.
The position concerning the making of commencement orders in relation to provisions of Acts not yet in force is as set out in my reply to Parliamentary Question No. 390 on that specific topic today.
The Deputy will appreciate that the need for updating or initiating Statutory Instruments is kept under review.
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