Ruairí Quinn
Ceist:3 Mr. Quinn asked the Taoiseach if he will report on the work programme of the Law Reform Commission; and if he will make a statement on the matter. [24631/98]
Ceisteanna—Questions. - Law Reform Commission.
John Bruton
Ceist:4 Mr. J. Bruton asked the Taoiseach if he will make a statement on the work programme of the Law Reform Commission. [25450/98]
I propose to take Questions Nos. 3 and 4 together.
The Law Reform Commission prepared its first programme, pursuant to the provisions of the Law Reform Commission Act, 1975, and it was approved by the Government and laid before both Houses of the Oireachtas in January 1977. The commission has advised that the majority of the projects contained in that programme have now been dealt with in its published reports, consultation papers and working papers.
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.
A considerable body of work has been completed by the commission this year. I welcome the publication of its reports on land law and conveyancing law, privacy and the implementation of the Hague Convention on intercountry adoption and its consultation paper on aggravated, exemplary and restitutionary damages.
I look forward to the publication of the consultation paper on the statutes of limitation — claims in contract and tort in respect of latent damage, other than personal injury — which is expected this week.
A detailed account of the work undertaken by the commission under its first programme and research undertaken at the request of the Attorney General are to be found in the appendices to the annual report for 1997 which has been laid before the Houses of the Oireachtas.
The commission is also continuing its work in the areas of land law and conveyancing law, and aggravated, exemplary and restitutionary damages as well as on the law of homicide, statute of limitations, drafting and interpretation of legislation, aspects of the Civil Liability Acts and ratification, implementation and interpretation of treaties.
Furthermore, the commission's work in connection with international bodies, such as UNCITRAL and the Hague conference on private international law is ongoing.
The commission is currently in the process of formulating a new draft programme for law reform to form the basis of its future work, with the intent that this programme will play a significant role in enabling the law to respond to the needs of our changing society. The new programme for law reform will be prepared by the commission in consultation with the Attorney General and other interests.
I thank the Taoiseach for his comprehensive reply. I acknowledge that the Government has laid before the Oireachtas Library the Leahy Report, which was given to the Minister for Justice, Equality and Law Reform this summer. Arising from that report, which arose out of an SMI efficiency inquiry, is it the Government's intention to incorporate into the next programme of law reform for the commission the whole area of criminal law? In the list the Taoiseach has just read out, as I heard it, he did not refer to reform of criminal law.
Bearing in mind the substantial changes proposed in the Leahy report, does the Taoiseach think the Attorney General, in consultation with the Minister for Justice, Equality and Law Reform, should take on board some of the proposals set out in that report and ask the Law Reform Commission to bring forward, as a priority, changes in the criminal law code, which clearly seem to be necessary at present?
I will make the Deputy's views known to the Minister and to the Attorney General. At this stage I do not have the full list of issues they are examining. While I did not read out the full list, the first programme certainly examined criminal law. I am not too sure in what year that was, but criminal law was part of the commission's discussions.
Regarding the first part of the Deputy's question, the Deloitte & Touche report recommended the setting up of a consultative commission. That has been set up and it includes representatives of the Bar Council, the Incorporated Law Society and a number of Government Departments, including that of the Tánaiste and the Department of Justice, Equality and Law Reform. As envisaged in the Deloitte & Touche report, they are working with the Attorney General in identifying the areas to be included in the next work programme. The consultative committee stated that it would assist the Attorney General in his consultations with the commission in relation to research programmes, in the selection of specific topics for examination, and in monitoring the implementation of the recommendations of the commission. They are currently involved in all three tasks.
Is the Taoiseach aware that in a recent court case a builder got away with increasing the price of a house by £20,000 for a couple in County Kildare after they had paid their deposit? Is the Taoiseach further aware that at the time that court case was reported the Government said it was referring the practice of gazumping to the Law Reform Commission? Why then did the Taoiseach not include reference to this in his comprehensive reply? Is it the case that the gazumping issue has not in fact been referred to the Law Reform Commission, even though that was the excuse given for voting down Deputy Brian Hayes's Bill on that subject?
As was stated at the time, the Attorney General is considering whether to refer the issue of gazumping to the Law Reform Commission. It should be noted that the referral of matters to the Law Reform Commission rests with the Attorney General, under section 4(2)(c) of the Law Reform Commission Act, 1975. That matter was referred in that way.
Has this matter been referred to the Law Reform Commission or is it being considered by the Attorney General?
Unfortunately Deputy Bruton probably was not listening when I answered Deputy Quinn. I stated that the Deloitte & Touche report envisaged that a consultative committee would be set up. That consultative committee is being set up. It is to work in tandem with the Attorney General to decide the next report. The matters are being considered by both. The matter referred to by the Deputy is one of the matters being considered.
Would the Taoiseach not agree that the issue of gazumping is far too urgent in the present housing market to be sent to a consultation committee to consider whether it might be referred to the Law Reform Commission, which in turn will consider the matter in depth?
We cannot have a debate on gazumping.
I know that. Will the Government introduce legislation to deal with gazumping now, seeing that this stratagem of referring the matter to the Law Reform Commission is plainly being parked in a heap of sand?
It was an excuse not to accept the Bill.
Is the Taoiseach satisfied with the work of the Law Reform Commission in regard to the Domestic Violence Act, 1996, as I did not hear it specifically mentioned in his reply? I would like to draw his attention to the Bar Review which contains criticisms of that Act. Will he include it in a future programme of work for the Law Reform Commission, given that the Bar Review article specifies five areas in which the Domestic Violence Act fails, for instance, where a parent wants to bar an adult child and the property is owned by the adult child? Is that to be included in a future programme of work or is it being considered already?
I did not mention it. It is not on this list. However, some time ago the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Mary Wallace, put together a high powered group of people who are looking at the issue of violence against women. I believe it is the intention to bring forward an initiative in that area as soon as the group reports.
When will we know if the issue of gazumping is definitely to be the subject of Law Reform Commission examination or not?
I hope that shortly both the commission and the Attorney General will bring forward their programme, but it will be into the new year before they do that.
So we do not even know whether or not it will be on the list.
It is just a fig leaf.
It is good to know this before the budget anyway.
The Taoiseach said aspects of civil liability law are being examined by the Law Reform Commission. Do they include the possibility of annuities being paid in civil actions instead of lump sum payments? This would assist in dealing with deafness claims and other insurance matters causing deep concern at present.
The Civil Liability (Amendment) Act, 1964 is before the group. It is also considering the compensation of personal injuries, limitation of actions for personal injuries and a number of other aspects of this issue.