Written Answers. - Rules of Court.
Emmet Stagg
Ceist:
217
Mr. Stagg
asked the
Minister for Justice, Equality and Law Reform
if he will provide a list of titles of all rules of court or other legislation amending the Rules of the District Court since they were last consolidated in 1997; the year and statutory instrument number in each case; the general subject matter of the amending rules; the draft amending rules of court, if any, being considered or prepared; and if he will make a statement on the matter.
[16751/98]
The following is a list of Rules of Court amending the Rules of the District Court since they were consolidated in 1997:
District Court (Criminal Justice) Rules, 1998 (S.I. No.41 of 1998)
District Court (Family Law) Rules, 1998 (S.I. No. 42 of 1998)
District Court (Extradition) Rules, 1998 (S.I. No.89 of 1998)
District Court (Licensing) Rules, 1998 (S.I. No.123 of 1998)
District Court (Bankers' Books Evidence) Rules, 1998 (S.I. No. 170 of 1998)
District Court (Domestic Violence) Rules, 1998 (S.I. No. 201 of 1998).
Copies of these statutory instruments were made available to the Oireachtas Library.
The following is a list of Draft District Court Rules which are currently under consideration by myself:
District Court [Housing (Miscellaneous Provisions) Act, 1997] Rules, 1998
District Court (Refugee Act, 1996) Rules, 1997.
I understand that draft rules on a number of topics are in the course of preparation by the District Court Rules Committee which are not before me. I have no function in the deliberations of the committee and I am not in a position to provide details of these draft rules.
Emmet Stagg
Ceist:
218
Mr. Stagg
asked the
Minister for Justice, Equality and Law Reform
if he will provide a list of the titles of all rules of court or other legislation amending the Rules of the Circuit Court since they were last consolidated in 1950; the year and statutory instrument number in each case; the general subject matter of the amending rules; the draft amending rules of court, if any, being considered or prepared; and if he will make a statement on the matter.
[16752/98]
A complete list of the titles of all rules of court made since the Rules of the Circuit Court were last consolidated in 1950 is not available. Work is continuing on the completion of this list which will be forwarded to the Deputy when finalised.
Copies of all the statutory instruments in question were made available to the Oireachtas Library. I do not currently have any draft Circuit Court Rules before me for concurrence.
I understand that draft rules on a number of topics are in the course of preparation by the Circuit Court Rules Committee but have not been submitted. I have no function in the deliberations of the committee and am not in a position to provide details of these draft rules.
Emmet Stagg
Ceist:
219
Mr. Stagg
asked the
Minister for Justice, Equality and Law Reform
if he will provide a list of the titles of all rules of court or other legislation amending the Rules of the Superior Courts since they were last consolidated in 1986; the year and statutory instrument number in each case; the general subject matter of the amending rules; the draft amending rules of court, if any, being considered or prepared; and if he will make a statement on the matter.
[16753/98]
The following Rules of the Superior Courts have been made since the Rules of the Superior Courts were consolidated in 1986:—
Rules of the Superior Courts (No. 1) 1989 (S.I. No.14 of 1989). To regulate the practice and procedure of the Superior Courts under the Jurisdiction of Courts and Enforcement of Judgements (European Communities) Act, 1988.
Rules of the Superior Courts (No. 2) 1989 (S.I. No. 20 of 1989). Various amendments to the rules of the Superior Courts, 1986.
Rules of the Superior Courts (No. 3) 1989 (S.I. No. 79 of 1989). The administrative and procedural changes required by the coming into operation of the Bankruptcy Act, 1988.
Rules of the Superior Courts (No. 1) 1990 (S.I. No. 97 of 1990). Amendments to the rules of the Superior Courts by establishing a procedure for hearing claims under Family Law Proceedings.
Rules of the Superior Courts (No. 2) 1990 (S.I. No. 143 of 1990). Amendments and addition to the rules under the jurisdiction of Courts (Maritime Conventions) Act, 1989.
Rules of the Superior Courts (No. 3) 1990 (S.I. No. 229 of 1990). Amended provisions in Order 22 of the rules concerning the payment of money into Court in personal and fatal injury cases.
Rules of the Superior Courts (No. 4) 1990 (S.I. No. 281 of 1990). Increase in fees charged by Commissioners for Oaths.
Rules of the Superior Courts (No. 1) 1991 (S.I. No. 67 of 1991). Amend terms of Order 90 of rules by substituting references to the Chief Appeals Officer for references to the Minister for Social Welfare to take account of the provisions of Section 20 of Social Welfare Act, 1990 (which inter alia amends Section 299 of Social Welfare (Consolidation) Act, 1981 in relation to appeals).
Rules of the Superior Courts (No. 3) 1991 (S.I. No. 147 of 1991). Rules governing procedures to take account of the provisions of the Companies (Amendment) Act (No 27 of 1990).
Superior Court Rules (No. 2) 1991 (S.I. No. 177 of 1991). Rules made governing procedure in appeals to the Court under the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations 1991.
Rules of the Superior Courts (No. 4) 1991 (S.I. No. 278 of 1991). Amendment of Orders 74, 75 and 75a of Superior Court Rules by establishing a procedure for making and hearing of applications under Companies Acts, 1963 to 1990.
Rules of the Superior Courts (No. 1) 1992 (S.I. No. 46 of 1992) Deletion from Order 99 of Superior Courts Rules Nos. 8 and 9 which relate to limitation of costs
Rules of the Superior Courts (No. 2) 1992 (S.I. No. 260 of 1992). Amendment of Order 36 Rule 2(b) of Superior Court Rules.
Rules of the Superior Courts (No. 1) 1993 (S.I. No. 238 of 1993). Amendment of order 53 rule 7(2) of Superior Court Rules providing the Registrar of Solicitors (as well as Secretary of Incorporated Law Society) may make the Affidavit referred to in that rule.
Rules of the Superior Courts (No. 2) 1993 (S.I. No. 265 of 1993). These rules amend some of existing provisions regarding payment into Court, discovery, applications for payment out of infants funds, voluntary winding up of companies, time for certain steps in Court of Criminal Appeal and taxation of costs and insert new Order 127 relating to applications for appointment as a notary public.
Rules of the Superior Court (No. 3) 1994 (S.I. No. 101 of 1994). These rules regulate practice and procedure of Superior Courts with respect to 1965 Hague Convention on Service abroad of judicial and extrajudicial documents in Civil or Commercial matters.
Rules of the Superior Courts (No. 1) 1995 (S.I. No. 243 of 1995). The following shall be inserted after Order 11 rule 1 (p) of the Rules of the Superior Courts as Order 11 rule, 1 (q) thereof — the proceeding is brought to enforce any foreign judgment or foreign arbitral award.
Rules of the Superior Courts (No. 1) 1996 (S.I. No. 5 of 1996). These rules provide for the making of orders against unknown persons carrying on unauthorised development and are an addition to Order 103 of the Superior Courts Rules.
Rules of the Superior Courts (No. 2) 1996 (S.I. No. 377 of 1996). These rules make provision in regard to applications to the High Court under the Air Pollution Act, 1987.
Rules of the Superior Courts (No. 1) 1997 (S.I. No. 52 of 1997). These rules make provision for an addition to Order 22 of a new subrule 10(10) to provide for applications for approval of awards proposed to be made to minors by any tribunal.
Rules of the Superior Courts (No. 2) 1997 (S.I. No. 166 of 1997). Amendment of Order 39, Rule 30 (to provide that the rule shall not apply to any action to which section 1 (1) and (2) of the Courts Acts 1988 applies.
Rules of the Superior Courts (No. 3) 1997 (S.I. No. 343 of 1997). Provides for the substitution of a new Order 70A for the existing Order 70A to make provision in regard to family law proceedings (including divorce).
Rules of the Superior Courts (No. 4) 1997 (S.I. No. 344 of 1997). Provides for the amendment of Order 77, rule 21 and rule 32(3) to make provision in regard to payment out of funds in Court and interest to a Defendant's Solicitor in certain circumstances.
Rules of the Superior Courts (No. 5) 1997 (S.I. No. 346 of 1997) This rule is for the purpose of governing procedure in appeals to the Court under the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations 1991 (S.I. No. 1 of 1991) and EC Directive No. 89/48/EEC, and the European Communities (Second General System for the Recognition of Professional Education and Training) Regulations 1996 (S.I. No. 135 of 1996), EC Directive 92/51/EEC and Commission Directives 94/38/EC and 95/43/EC.
Rules of the Superior Courts (No. 6) 1997 (S.I. No. 347 of 1997). Provides for a New Order 128 to make provision in regard to applications to the High Court arising under the Transfer of Sentenced Persons Act, 1995.
Rules of the Superior Courts (No. 7) 1997 (S.I. No. 348 of 1997). Provides for an addition to Order 39 of new rules 45 to 52 to make provision regarding disclosure and admission of reports and statements pursuant to section 45 of the Courts and Court Officers Act, 1995.
Rules of the Superior Courts (No. 8) (Disclosure and Admission of Reports and Statements) (Amendment) 1997 (S.I. No. 471 of 1997). These Rules provide for an amendment of the Rules of the Superior Courts (No. 7),1997 (S.I. No. 348 of 1997) by providing that these Rules shall not apply to proceedings instituted before 1 September, 1997 or to any report or statement coming into existence before that date for the purpose of such proceedings.
Rules of the Superior Courts (No. 1) (Solicitors) (Amendment Act, 1994). 1998 (S.I. No. 14 of 1998).
Copies of these statutory instruments were made available to the Oireachtas Library.
The following is a list of draft rules of the Superior Courts which are currently under consideration by myself:
Rules of the Superior Courts [Committees of Houses of the Oireachtas (Compellability Privileges and Immunities of Witnesses) Act, 1997], 1998.
Rules of the Superior Courts (Freedom of Information Act, 1997), 1998.
Rules of the Superior Courts (Applications Pursuant to Article 28.4.3 of the Constitution), 1998.
I understand that draft rules on a number of topics are in course of preparation by the Superior Courts Rules Committee which are not before me. I have no function in the deliberation of the committee and I am not in a position to provide details of these draft rules.
Emmet Stagg
Ceist:
220
Mr. Stagg
asked the
Minister for Justice, Equality and Law Reform
if he will provide a list of the titles of all rules of court or other legislation amending the rules of the court applying to the Special Criminal Court; the year and statutory instrument number in each case; the general subject matter of the amending rules; the draft amending rules of court, if any, being considered or prepared; and if he will make a statement on the matter.
[16754/98]
The rules of court applying to the Special Criminal Court are contained in the Offences Against the State Acts, 1939 to 1972, Special Criminal Court Rules, 1975 (S.I. No. 234 of 1975). These rules came into effect on 13 October 1975 and replaced the Offences Against the State Act, 1939, Special Criminal Court Rules, 1972 (S.I. No. 147 of 1972).
Copies of these statutory instruments were made available to the Oireachtas Library. No draft amending Rules of Court for the Special Criminal Court are before me for my concurrence.
Emmet Stagg
Ceist:
221
Mr. Stagg
asked the
Minister for Justice, Equality and Law Reform
if he will provide a list of the titles of all rules of court or other legislation amending the rules of the court applying to the Courts-Martial Appeal Court; the year and statutory instrument number in each case; the general subject matter of the amending rules; the draft amending rules of court, if any, being considered or prepared; and if he will make a statement on the matter.
[16755/98]
The Rules of Court applying to the Courts-Martial Appeal Court are contained in the Courts-Martial Appeal Court Rules, 1983 (S.I. No. 206 of 1983).
Copies of this statutory instrument were made available to the Oireachtas Library. No draft amending Rules of Court for the Courts-Martial Appeal Court are before me for my concurrence.
