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Dáil Éireann díospóireacht -
Thursday, 27 Mar 1980

Vol. 319 No. 5

Ceisteanna—Questions. Oral Answers. - New Legislation.

12.

asked the Minister for Justice the plans, if any, to introduce legislation in the area of law reform.

I do not know that there would be likely to be any general agreement as to where, if anywhere, a line could be drawn between what the question refers to as legislation in the area of law reform and other legislation. All legislative proposals, with the exception of consolidating or declaratory provisions, set out to change the law and most, if not all legislation that I would be likely to be introducing could, in my view, be regarded as "law reform" in any reasonable sense of the term. I also believe that some legislation introduced by other Ministers would likewise fall within any reasonable definition of the term.

On the question of legislative proposals generally, I refer the Deputy to the reply which I gave on 27 April 1978—Volume 305, column 1709—to a question put down by him. In that reply I dealt in some detail with the question of the announcement of proposals for legislation in my area of responsibility.

There are, in fact, numerous legislative proposals at various stages of preparation in my Department but, for the most part, it is not practicable to put a time-scale on their production. Besides, it is not practicable to seek Government approval for legislative proposals until they have reached the stage where the proposals, even though not in the form of a draft Bill, have at least been set out in sufficient detail to enable the Government to give a decision in principle on them.

I have already, at various times, referred to legislative proposals that I hope to bring before the House reasonably soon and, I hope, before the end of this year and perhaps much earlier.

One important Bill will deal with extensions of the jurisdiction of the Circuit and District Courts. I hope and believe that this will be a substantial contribution to an improvement in, amongst other things, what is generally referred to as family law.

I have also informed the House—though from some subsequent comments, one would be excused for thinking I said the opposite—that, in conformity with statements I had previously made more than once, I can confidently predict that by the end of this year I will be introducing a Bill to abolish the tort of criminal conversation and certain other torts, while at the same time indicating, by the presence or absence of other proposals in the Bill, what the Government's attitude is on the question whether a new form or forms of action should be recommended to Parliament.

I have also already indicated that I was concerned about certain aspects of the law of rape, while at the same time being conscious of the problems inherent in devising legislation that would grant the maximum protection for a witness that is consistent with the right of a defendant to all that is inherent in the concept of a fair trail. I believe that I have made sufficient progress to be able to promise with considerable confidence that I will be introducing legislation within the present year and my objective will be to improve on that, as I regard the matter as being of special importance.

I also expect to have legislation introduced in the very near future to enable two international conventions in the field of arbitration to be ratified but this may not be a matter which would come within the intended scope of the Deputy's question.

There is a variety of other issues that may or may not mature within the present year but what I have mentioned are the items that I am most confident of having ready.

I thank the Minister for his reply and give him every encouragement in bringing in these measures. Could he confirm that his programme will make progress in the current year because since the question of April 1978 there has not been anything of what could be called a law reform nature before the House?

I am giving this information to the House with full confidence that I will be able to live up to what is in it.

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