Dáil Éireann Debate, Thursday - 8 September 2022
1366. Deputy Duncan Smith asked the Minister for Justice when she will ensure that Irish factsheets published on her Department provide information that is written in plain English and contain practical information for the public to spare the citizen unnecessary research. (details supplied). [42098/22]
Amharc ar fhreagraThe material in the European Judicial Network (EJN) factsheet, which is the subject of the Deputy's question, is correct and appropriate for its purpose. Furthermore, the information in section 6 of the EJN factsheet is intended to be concise and to contain practical information for the public.
Therefore, section 6 confirms:
- the general position in Ireland where an event occurs which sets time running - that the day of an occurrence is included when calculating a period of time;
- that this position is subject to exceptions; and
- one important exception to that general position.
The term "subject to statute and rules of court" may have given rise to the Deputy's query. This wording appears in section 6 of the EJN factsheet on time limits on procedures. Section 6 correctly sets out the general, or default, position in Ireland where the occurrence of an event sets the time running, i.e. where a period of time is expressed to begin on or be reckoned from a particular day, that day is included in that period. The Interpretation Act 2005, section 18(h) refers.
However, this provision does not apply universally. Section 4(1) of the 2005 Act provides that "any provision of [the 2005] Act (including section 18(5)) applies to an enactment except in so far as the contrary intention appears in this Act, in the enactment itself or, where relevant, in the Act under which the enactment is made".
The wording used on the factsheet ("subject to statute or rules of court") is intended to concisely convey the fact that there are, and can be, exceptions to the general position. The factsheet then proceeds to set out one very important exception to that general rule, which is contained within Order 122 of the Rules of the Superior Courts. It is important to cite this exception as it governs time periods within the said rules which in turn are crucial to the practice and procedure of the relevant courts.
In summary, section 6 sets out the general position, (that the day of an occurrence is included when calculating a period of time), that this position is subject to exceptions, and confirms an important exception to that general position.
