Dáil Éireann Debate, Tuesday - 22 September 2015
642. Deputy Michael McGrath asked the Minister for Justice and Equality her plans to review the operation of the Statute of Limitations; if legislation is planned in this area; and if she will make a statement on the matter. [31409/15]
View answerThe operation of the law in relation to the Statute of Limitations is a matter of ongoing review at my Department. This process also takes account of the Law Reform Commission Report on the Limitation of Actions published in December 2011 (LRC 104 - 2011). In this Report, the Commission expressed the view that the principal legislation governing limitation of actions, the Statute of Limitations 1957 (as amended), is unnecessarily complex and in need of fundamental reform and simplification (Paragraph 1.21). The Commission made a series of recommendations in relation to enhancing the coherence of the broader limitation of actions regime including the introduction of a uniform two-year basic limitation period for common law actions. The basic limitation period is recommended to run from the 'date of knowledge' of the plaintiff, which should be calculated by reference to the date on which the plaintiff first knew, or ought reasonably to have known, the salient and actionable points in relation to the injury, loss or damage in question (Paragraph 2.67).
It will also be recalled that, along with this ongoing process of consideration of the broader limitation of actions regime, the Statute of Limitations (Amendment) Act 2000 made important changes to the 1957 Statute of Limitations in relation to the bringing of an action arising from acts of sexual abuse done to a person while a child. As a result, the three-year limitation period in such cases does not start to run until the victim concerned has recovered sufficiently from the psychological injury to be able to decide whether to bring the action.
In my Department's ongoing consideration of the operation of the law in relation to the limitation of actions, be that at the broad systemic level or in relation to specific areas of action, the core objectives of the Law Reform Commission Report will continue to apply, namely, that "a balance is struck between the competing rights of the plaintiff and the defendant, as well having regard to the public interest; in particular the right of the plaintiff of access to the courts and the right to litigate, the right of the defendant to a speedy trail and to fair procedures, as well as the public interest in the avoidance of delayed claims and the timely administration of justice." (Paragraph 1.85). As part of the ongoing review of the operation of the law in relation to the Statute of Limitations at my Department I will, therefore, continue to take account of the Commission's recommendations and other relevant developments in the bringing forward of any future proposals for legislation in this area including, possibly, as part of any new programme of legislation.
