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Dáil Éireann debate -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Written Answers. - Law Reform Commission.

Ruairí Quinn

Question:

749 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the reports, or parts of reports, of the Law Reform Commission relevant to his Department which have not been implemented to date; whether implementation is under consideration or will be proposed in relation to each recommendation; and if he will make a statement on the matter. [1132/98]

It may be helpful for me to make the general point initially that when issues raised in a Law Reform Commission report are subsequently addressed in legislative proposals it would usually be the case that some recommendations would be accepted as they stand, others accepted but with amendment and others not proceeded with. For example, the Non-Fatal Offences against the Person Act, 1997 dealt with the commission's report on non-fatal offences but not all of the commission's recommendations were accepted. Accordingly — and leaving aside the question of resource implications — it would not be practical in relation to the 55 reports published by the commission over the years to produce a meaningful list simply indicating whether recommendations had been implemented or not.

The vast majority of recommendations contained in reports of the Law Reform Commission require legislation to implement them. The Deputy will appreciate that the legislative proposals of my Department are contained in the Government's legislation programme as announced by the Chief Whip on 23 January 1998 for this session. Certain of the proposals take into account recommendations of the Commission.
Of the Bills referred to in Appendix A of the Government's programme — Bills which were published or restored to the Dáil-Seanad Order Papers during the last session — the Children Bill, 1997, enacted 9 January, 1998, took into account recommendations contained in the Law Reform Commission's reports on the rule against hearsay in civil cases, LRC 25 — 1988; child sexual abuse, LRC 32 — 1990; oaths and affirmations LRC 34 — 1990; and family courts LRC 52 ; 1996.
A number of the Bills referred to in Appendix D —"other promised legislation"— will address recommendations made in Law Reform Commission reports: Civil Evidence Bill, LRC 25 — 1988; Defamation Bill, LRC 38 and 41 — 1991; Indexation of Fines Bill LRC 37 — 1991; and Fraud Offences Bill LRC 43 — 1992.
Further proposals to take account of recommendations contained in reports of the Law Reform Commission will be announced in the normal way in due course.
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