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Dáil Éireann díospóireacht -
Wednesday, 5 May 1993

Vol. 430 No. 3

Ceisteanna—Questions. Oral Answers. - Law Reform Commission.

Desmond J. O'Malley

Ceist:

1 Mr. O'Malley asked the Taoiseach the work programme set out by the Attorney General for the Law Reform Commission in each of the years 1989 to 1993.

The Law Reform Commission Act, 1975, provides that the work programme of the commission is derived from two sources: (a) a programme prepared by the commission in consultation with the Attorney General for the approval of the Government which is laid before the Houses of the Oireachtas and (b) particular branches or matters of law which the Attorney General requests the Commission to consider with a view to reform.

The Attorney General does not have a function under the 1975 Act of giving an annual work programme.

I propose to circulate a note on the commission's work in the years in question.

In addition the commission during 1992 and 1993 has been engaged in work on a wide range of topics, among them the following: (a) Work on occupiers liability, which is of great practical importance to farmers and the owners of premises, is at an advanced stage and a Consultation Paper will be published shortly. The commission would then hope to make their final recommendations later this year; (b) family courts; (c) sentencing; (d) contempt of court; (e) conveyancing; (f) intoxication and (g) international law on trusts.

Note on activity of Law Reform Commission in the years 1989-1993.

The work of the Law Reform Commission during the years 1989 to 1991, inclusive, is described in detail in the commission's annual reports for those years which have been laid before the House in accordance with section 6 of the Act, and I would refer the Deputy to those reports. They describe the work being done by the commission and list the 17 reports and consultation papers which it published during that period.

The commission's annual report for the year 1992 is in course of preparation. During that year the commission presented to the Attorney General, and published, reports on the following subjects: (1) The United Nations (Vienna) Convention on the International Sale of Goods; (2) A fifth report on land law and conveyancing law and (3) the law of dishonesty.

Earlier this year the commission published a consultation paper on sentencing.

Having regard to recent developments, has the Taoiseach given any thought to dividing the office of Attorney General in respect of his role as law adviser to the Government and his role as guardian of the public interest?

The question refers to the programme set out by the Attorney General.

The Deputy has asked a different question from the one tabled. I answered a similar question last week to the effect that civil law reform and criminal law reform are separated between two Departments. Work in this area should be far more productive than it has been in the past.

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