asked the Taoiseach if he has had any meetings with the Law Reform Commission with a view to discussing the aspects of the law on which they should concentrate and report to the Attorney General.
2.
Ceisteanna—Questions. Oral Answers. - Law Reform Commission.
1.
asked the Taoiseach the areas for which the Law Reform Commission has reported since its establishment; and in respect of each area, the legislative action which has taken place on foot of the report.
I propose to take Questions Nos. 1 and 2 together.
The Attorney General maintains regular contact with the Law Reform Commission regarding the areas of the law which are under examination by the commission and the relative priority which is being given to those topics.
The information sought by Deputy Birmingham is contained in a statement which I propose to circulate in the Official Report.
STATEMENT TO BE CIRCULATED IN THE OFFICIAL REPORT
(1) REPORTS PRODUCED BY THE LAW REFORM COMMISSION
(a) First Report on Family Law — Criminal Conversation, Enticement and Harbouring of a Spouse or Child, Loss of Consortium, Personal Injury to a Child, Seduction of a Child, Matrimonial Property and Breach of Promise of Marriage.
(b) Report on Civil Liability for Animals.
(c) Report on Defective Premises.
(d) Report on Illegitimacy.
(e) Report on the Age of Majority, the Age for Marriage and some Connected Subjects.
(f) Report on Restitution of Conjugal Rights, Jactitation of Marriage and Related Matters.
(g) Report on Domicile and Habitual Residence as Connecting Factors in the Conflict of Laws.
(h) Report on Divorce a Mensa et Thoro and Related Matters.
(i) Report on Nullity of Marriage.
(j) Report on Recognition of Foreign Divorces and Legal Separations.
(k) Report on Vagrancy and Related Offences.
(l) Report on the Hague Convention on the Civil Aspects of International Child Abduction and some Related Matters.
(m) Report on Competence and Compellability of Spouses as Witnesses.
(n) Report on Offences under the Dublin Police Acts and Related Offences.
(o) Report on Minors' Contracts.
(p) Report on the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.
(q) Report on the Liability in Tort of Minors and the Liability of Parents for Damage Caused by Minors.
(r) Report on the Liability in Tort of Mentally Disabled Persons.
(s) Report on Private International Law Aspects of the Capacity to Marry and Choice of Law in Proceedings for Nullity of Marriage.
(t) Report on Jurisdiction in Proceedings for Nullity of Marriage, Recognition of Foreign Nullity Decrees, and the Hague Convention on the Celebration and Recognition of the Validity of Marriages.
(u) Report on the Statute of Limitations: Claims in respect of Latent Personal Injuries.
(v) Report on the Hague Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters.
(w) Report on Receiving Stolen Property.
(2) ACTION TAKEN OR PROPOSED IN RESPECT OF EACH REPORT
(a) First Report on Family Law:
The Family Law Act, 1981 abolished the actions for criminal conversation, the enticement and harbouring of a spouse and breach of promise of marriage. It also provided, inter alia, for the regulation of various questions in relation to the property of engaged and formerly engaged persons.
Legislation to give spouses equal rights of ownership in the family home and contents is at an advanced stage of preparation.
(b) Report on Civil Liability for Animals
The Animals Act, 1985, which took account of the recommendations in the Commission's Report, was enacted on 12 June 1985 and was brought into operation by Ministerial Order on 20 September 1985.
(c) Report on Defective Premises
The Building Control Bill, 1984, which lapsed at the dissolution of the 24th Dáil, has been restored to the Dáil Order Paper at Committee Stage. When the Bill is enacted and the Building Regulations and the Building Control system provided for in the Bill are in operation further consideration can be given to the proposals contained in the report.
(d) Report on Illegitimacy
The Status of Children Act, 1987 was enacted in December 1987 and provides comprehensively for the matters dealt with in this report. Some provisions of the Act are already in force and the remaining ones will come into effect six months after the date of enactment, or earlier if the Minister for Justice so orders.
(e) Report on Age of Majority
The Age of Majority Act, 1985, which lowered the age of majority from 21 to 18 years (or earlier in marriage) came into effect on 1 March 1985.
(f) Report on Restitution of Conjugal Rights, Jactitation of Marriage and Related Matters
The Family Law Bill, 1987, which will abolish the action for restitution of conjugal rights, has been passed by the Seanad and awaits Second Stage in the Dáil.
(g) Report on Domicile and Habitual Residence as Connecting Factors in the Conflict of Laws
(h) Report on Divorce a Mensa et Thoro and Related Matters
The Judicial Separation and Family Law Reform Bill, 1987, which deals with matters contained in the report, was introduced as a Private Member's Bill in December 1987 and passed Second Stage on 10 February 1988. The Government have welcomed the Bill in principle.
(j) Report on Recognition of Foreign Divorces and Legal Separations
The Domicile and Recognition of Foreign Divorces Act, 1986, which came into effect on 2 October 1986, abolished the domicile of dependency of married women and provided that a foreign divorce would be recognised if it was granted in a country where either spouse was domiciled or if it was recognised in the country or countries where the spouses are domiciled. It also included some consequential provisions related to these changes.
(k) Report on Vagrancy and Related Offences
The Housing Bill, 1988, which is at Second Stage in the Dáil, will repeal without replacement the offence of "wandering abroad" contained in the Vagrancy Act, 1924. Some preliminary examination of the other recommendations in the report has been carried out.
(l) Report on the Hague Convention on the Civil Aspects of International Child Abduction and some Related Matters
Proposals for legislation to give effect to this Convention are in course of preparation.
(n) Report on Offences under the Dublin Police Acts
The Commission's recommendations in relation to the repeal of a number of obsolete provisions governing offences of a road traffic nature and their replacement where necessary by more modern provisions under the Road Traffic Code are being considered for inclusion in the next Road Traffic Bill.
(v) Report on the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters
Some preliminary consideration of this report has been carried out.
(w) Report on Receiving Stolen Property
This report, which has just been published, is being examined in the Department of Justice. Arising from that examination, the Minister for Justice proposes to bring forward a proposal for amending legislation for the approval of the Government as soon as possible.
(3) (i), (m), (o), (p), (q), (r), (s), (t) and (u)
The recommendations in these reports will be considered as soon as practicable by the appropriate Minister as a preliminary to consideration by the Government of the recommendations.
Would the Taoiseach agree that this House is not adequately responding to the reports of the Law Reform Commission, and would he consider the establishment of an all-party committee of this House to work in conjunction with the Law Reform Commission with a view to updating in particular the criminal law? Do the Government give the Law Reform Commission a set of priorities to work under or is it the intention that the Law Reform Commission should simply decide for themselves what is and what is not important?
It is a combination of both. It is really a matter for the Law Reform Commission but from time to time Governments ask the commission to consider matters on a priority basis. Perhaps the Deputy would take an opportunity to examine the statement which I am issuing and then perhaps we can discuss the matter further.
Would the Taoiseach consider a committee of this House to work with the commission? A lot of Deputies agree that the commission are doing excellent work but it is outside the House and to some extent there is no role for the legislators in what they are doing. We would make better use of available resources if the commission worked as a consultative body to an all-party committee.
(Interruptions.)
I will certainly look into something along those lines. A great deal of this law is not party political, on which we would agree on a non-party basis. I will consider whether any more can be done to expedite matters.