John Bruton
Ceist:15 Mr. J. Bruton asked the Taoiseach if he will report on the current work programme of the Law Reform Commission. [5449/98]
Ceisteanna—Questions. - Law Reform Commission.
As I informed the House in reply to Parliamentary Question No. 12 on 7 October 1997, pursuant to the provisions of the Law Reform Commission Act, 1975, the commission prepared its first programme which was approved by the Government and was laid before both Houses of the Oireachtas in January 1977. The commission has advised that the majority of topics listed in the first programme have now been dealt with in its published reports, consultation papers and working papers. Details of these are contained in appendices to the commission's annual reports, copies of which are available in the Oireachtas Library.
In addition to the first programme, research undertaken at the request of successive Attorneys General, as provided for in section 4(2)(c) of the Act, also formed a substantial part of the commission's work. Details of the research undertaken pursuant to these requests by the Attorney General are also to be found in appendices to the annual reports of the commission.
I indicated last October that the work on hand in the commission included examination of a number of areas of the law and following is their current position. A consultation paper on the legal implications of the signing in 1996 by Ireland of the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoptions 1993 was published in November 1997. This will be followed by a report on the subject to be published later this year. The commission had hoped to publish a further report on conveyancing law before the end of 1997. I understand it is now envisaged it will be published before the end of May 1998. The commission is continuing its work on the preparation of working papers in the areas of drafting and interpretation of legislation, the law of homicide, the law relating to trespass and the law relating to aggravated, exemplary and restitutionary damages. As is usual, a detailed account of the work being undertaken by the commission will be included in its annual report for 1997, which is in preparation and which will be laid before the Houses of the Oireachtas in due course.
I also referred in the House to a report on the organisation and management of the commission. With the sanction of the Minister for Finance, Deloitte & Touche consultants were engaged by the commission to carry out a review following a tendering process. The report, copies of which have been placed in the Oireachtas Library, was presented to the commission in April 1997. Following consideration by the commission of the recommendations and arising from consultations between it and the Attorney General, discussions are ongoing between the Office of the Attorney General and the Department of Finance about the recommendations relating to information technology and staffing. Other recommendations in the report are the subject of discussions between the commission and the Office of the Attorney General.
Arising from consideration of the consultants' report, the Government has agreed to establish a consultative committee comprising representatives of the Departments of the Taoiseach, Finance, Justice, Equality and Law Reform, Enterprise, Trade and Employment and Health and Children, the Bar Council and the Incorporated Law Society, under the auspices of the Office of the Attorney General, to assist the Attorney General in his consultations with the commission in relation to research programmes, to assist the Attorney General in the selection of specific topics for examination by the commission and to monitor the implementation of the recommendations of the commission. The Attorney General has also agreed to make available to the commission the services of a parliamentary draftsman to assist with projects, subject to the Government's legislative programme having priority.
On expiration of his term of office last October, the President of the commission agreed to stay on as President until 30 June 1998 to oversee the implementation of the recommendations of the consultants' report. I acknowledge the contribution of the President and all the members of the commission, past and present.
What were the reasons for the delay in producing the report on conveyancing? Is the Taoiseach aware that, whereas the number of claims against employers and insurance companies has not increased in the period 1985-95, the size of awards of damages for claims has increased at an average rate of 8 per cent per year above inflation? The size of awards rather than the number of claims is the reason for the increase in insurance premia. This directly relates to the awards of damages made by judges. Has the Taoiseach examined whether the basis upon which damages are awarded is realistic and reasonable in light of the overall need of society to avoid the development of a claims culture, to maintain reasonably low insurance premia, to maintain high levels of employment and enterprise and to avoid developing a sense that one should always seek compensation for every misfortune which may occur?
Conveyancing is a detailed and complicated area and work has been ongoing. It is not a question of delay but ongoing work by the commission. It is hoped to complete the work by the end of 1997. This date has drifted by a few months but it is anxious to bring forward the report as soon as possible.
Deputy Bruton's second question is a separate issue. I agree that the compensation culture is dangerous and pushes up costs and the cost base for employment and competitiveness. It has to be tackled on all fronts, including the legal front, but there are many issues which have to be dealt with to ensure that we do not reach a situation in which compensation becomes the order of the day. A number of ministerial colleagues have spent hours discussing this issue during Question Time.
This is not a separate question.
In his reply the Taoiseach referred to exemplary damages being examined.
I did.
Therefore, this is a related question. What is the Law Reform Commission doing about the matter?
The Deputy went on to give the costs of what is happening. The Law Reform Commission is examining the matter across a range of issues which have been raised over the past years. It will be some time before it brings forward its report. However, issues such as compensation and the culture of compensation affect an even greater number of areas than the commission is considering.