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Dáil Éireann díospóireacht -
Wednesday, 17 Apr 1991

Vol. 407 No. 1

Ceisteanna—Questions. Oral Answers. - Law Reform.

Michael Bell

Ceist:

20 Mr. Bell asked the Taoiseach if he will outline the nature of his responsibilities for the reform of the law of the State, with particular reference to the Law Reform Commission Act, 1975, and the Law Reform Commission; if he will make a statement on the matter.

Michael Bell

Ceist:

21 Mr. Bell asked the Taoiseach the number and nature of the reports of the Law Reform Commission issued since 1985; and if he will make a statement on the matter.

I propose to take Questions Nos. 20 and 21 together.

Under the terms of the Law Reform Commission Act, 1975, the Law Reform Commission prepared a programme for submission by the Taoiseach to the Government for the examination of different branches of the law with a view to their reform. The programme was approved by the Government, and copies were laid before both Houses of the Oireachtas on 4 January 1977.

To date the Commission have formulated 34 reports, as well as 11 working papers and three consultation papers.

These reports and papers cover a broad range of topics, such as family law, property and conveyancing, the law of evidence and rules of procedure in court, criminal law, rape, the law of defamation, collection of debts and taxes, compensation for personal injuries, the statute of limitations, receiving stolen property, etc. Legislation to implement the recommendations of the commission, as appropriate, is brought forward by the Minister concerned in accordance with the Government's legislative programme.

As soon as possible after the end of each year, the Taoiseach submits to Government the report of the commission on its activities during the year. The report is then laid before the Houses of the Oireachtas. Even such annual reports have been issued to date, the last of which is for the year ending December 1989.

Is there a procedure for dealing with the reports? Is there co-ordinating activity between the Taoiseach's Department and the Department of Justice in relation to examining and implementing the recommendations?

The general procedure is that the reports of the Law Reform Commission are taken up by the various Government Departments whose responsibility it is then to bring forward legislation to implement the proposals if they agree with them.

(Limerick East): Will the Taoiseach say to whom the Law Reform Commission report politically? Is it through the Attorney General to the Taoiseach or to the Minister for Justice?

Through the Attorney General to the Taoiseach.

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