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Court Procedures

Dáil Éireann Debate, Wednesday - 27 May 2020

Wednesday, 27 May 2020

Questions (318, 333, 373)

Holly Cairns

Question:

318. Deputy Holly Cairns asked the Minister for Justice and Equality his views on enabling affidavits to be completed remotely to facilitate the Courts services operating as long as Covid-19 social distancing restrictions remain in place. [7055/20]

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Brendan Howlin

Question:

333. Deputy Brendan Howlin asked the Minister for Justice and Equality if his attention has been drawn to concerns among legal practitioners regarding the taking of affidavits; if affidavits must be taken in person in view of the fact this presents real difficulties during the current Covid-19 pandemic; his plans to relax the requirement for person to person contact in the taking of affidavits; and if he will make a statement on the matter. [7260/20]

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Éamon Ó Cuív

Question:

373. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality his plans to expedite the introduction of the part of the Courts and Civil Law (Miscellaneous Provisions) Bill 2017 that relates to statements of truth, as outlined under head 12 of the general scheme of the Bill as published, in view of the urgency of facilitating continued business without compromising the health and safety of persons in view of the recent Covid-19 pandemic and the need for the possibility to make and take such statements remotely using modern technology; and if he will make a statement on the matter. [8136/20]

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Written answers

I propose to take Questions Nos. 318, 333 and 373 together.

I am aware that concerns have been raised about the requirement for affidavits to be signed and witnessed in person in the context of the current Covid-19 public health emergency. I also appreciate that the current pandemic is an anxious and challenging time for many people and organisations.

The position is, however, that there are statutory provisions that refer to the taking of affidavits, including section 5 of the Commissioners for Oaths Act 1889 and section 72 of the Solicitors (Amendment) Act 1994. Furthermore, rules and procedures for the taking of affidavits are set out in Order 40 Rule 5 of the Superior Courts Rules, Order 25 Rule 1 of the Circuit Court Rules and Order 50 Rule 2 of the District Court Rules. Legislative changes would be required before changes in those procedures and rules could be brought about and only following careful consideration.

The Government approved drafting of the Courts and Civil Law (Miscellaneous Provisions) Bill 2020 in January last. It contains proposals to amend a number of courts-related Acts, including proposals for electronic submission and lodgement of documents and for a statement of truth mechanism. The Bill is being drafted at present. In addition, my Department is currently examining statutory reforms in order to respond to the new challenges and address various issues connected to the legal process arising in the context of the current Covid-19 pandemic.

It remains the case, however, that providers of legal services, like many businesses and organisations throughout the country that need to engage directly with the public must do so in compliance with public health guidelines. The Health and Safety Authority, the Health Service Executive (HSE), the Department of Health, and the Department of Business Enterprise and Innovation have published extensive information on working safely during the current health emergency. The Department of Business Enterprise and Innovation have also established a helpline to support and advise businesses in adapting to the current challenges.

I appreciate that these are difficult times for everyone and I would like to acknowledge the commitment, flexibility and innovation demonstrated by all involved in safely delivering continuity of access to justice during the current public health emergency.

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