Issues Papers and Seminar Papers 2013 onwards

The purpose of an Issues Paper is to provide a summary or outline of a project on which the Commission is embarking or on which work is already underway, and to provide readers with an opportunity to express views and to make suggestions and comments on specific questions. The Issues Papers are circulated to members of the legal professions and to other professional groups who are likely to have a particular interest in, or specialist knowledge of, the relevant topic. They are also published on the Commission's website (www.lawreform.ie) to ensure they are available to all members of the public.

Comments and suggestions are warmly welcomed on any of the questions asked from all interested parties and all responses will be treated in the strictest confidence unless indicated otherwise.

These Issues Papers represent current thinking within the Commission on specific items where this is stated.

This thinking should not be taken as representing a settled position taken by the Commission.

 

Issues Paper on Regulatory Enforcement and Corporate Offences

Closing Date: 30 March 2016

Due to demand the submission deadline has been extended from Wednesday 30 March 2016 to Wednesday 20 April 2016

Contact: corporateoffences@lawreform.ie

The Commission is seeking views in relation to the following issues:

  1. standardising regulatory powers
  2. civil financial sanctions
  3. negotiated compliance agreements
  4. deferred prosecution agreements
  5. coordination of regulatory
  6. jurisdiction for regulatory appeals
  7. corporate criminal liability
  8. liability of corporate officers
  9. the defence of due diligence
  10. the adequacy of Irish fraud offences
  11. reckless trading
  12. appropriate trial venue for corporate offences

 

Issues Paper on Review of section 120 of the Succession Act 1965 and Admissibility of criminal convictions in civil proceedings

Closing Date: 26 January 2015

Contact: section120successionact@lawreform.ie

The Commission is seeking views in relation to the following issues:

  1. Reform of section 120 of the Succession Act 1965 as it applies to property held in a joint tenancy;
  2. Whether section 120 of the 1965 Act should be extended beyond murder, attempted murder and manslaughter;
  3. The possibility of granting the courts power to modify the effect of the forfeiture rule;
  4. The extension of the forfeiture rule to bar applications under section 67A(3) of the 1965 Act3 ;
  5. The possible review of section 120(4) of the 1965 Act;
  6. The necessity of a criminal conviction for the application of the forfeiture rule;
  7. Costs of civil proceedings relating to the application of the forfeiture rule and alternatives to litigation;
  8. Admissibility of criminal conviction in civil proceedings.

Issues Paper on Cyber-crime affecting personal safety, privacy and reputation including cyber-bullying

Closing Date: 19 January 2015

Contact: cybercrime@lawreform.ie

With this issues paper, the Commission is seeking the views of interested parties on the following 5 issues.

  1. Whether the harassment offence in section 10 of the Non-Fatal Offences Against the Person Act 1997 should be amended to incorporate a specific reference to cyber-harassment, including indirect cyber-harassment;
  2. Whether there should be an offence that involves a single serious interference, through cyber technology, with another person’s privacy;
  3. Whether current law on hate crime adequately addresses activity that uses cyber technology and social media;
  4. Whether current penalties for offences which can apply to cyber-harassment and related behaviour are adequate;
  5. The adequacy of civil law remedies to protect against cyber-harassment and to safeguard the right to privacy.

Seminar Paper on Disclosure and Discovery

Project 2 in the Commission's Fourth Programme of Law Reform involves a review  of  the law on disclosure and discovery in criminal cases.  In March 2014, the Commission published an Issues Paper on Disclosure and Discovery in Criminal Cases (LRC IP 5-2014) which sought views in relation to the questions raised in the project.  As part of this consultation process the Commission held a public seminar on Disclosure and Discovery in Criminal Cases on 21 May 2014.  This report is a summary of the discussion at the seminar.  The views of those who spoke at the seminar will be considered alongside the written submissions received by the Commission when considering recommendations for inclusion in its forthcoming Report on Disclosure and Discovery in Criminal Cases to be published later in 2014

Issues Paper on Disclosure and Discovery

Closing date: 9 May 2014

Contact: consultation.disc@lawreform.ie

With this Issues Paper, the Commission is seeking views in relation to the following four issues:

  1. The scope of the prosecution duty of disclosure;
  2. The possibility of discovery in criminal cases ;
  3. The possibility of a procedure to provide the accused access to materials in the possession of third parties;
  4. The interests of various parties in criminal proceedings, including claims to privilege .

Previous Consultations

Issues Paper on Search Warrants

Closing date: 14 March 2014

Contact: consultation.searchwarrant@lawreform.ie

With this Issues Paper, the Commission is seeking views in relation ot the following two issues:

  1. The scope of offences to which a generally applicable Search Warrants Act should apply: interested parties are asked to consider a single question relating to this issue.
  2. Whether such a Search Warrants Act should provide for an electronic and/or online search warrant filing, application and issuing process: this issue is broken up into four questions.

Issues Paper on Consolidation of Evidence Law

Closing date: 13 September 2013

Contact: evidence.consolidation@lawreform.ie

In this Issues Paper the Commission seeks views on  the proposed consolidation of 19 pre-1922 and post-1922 Evidence Acts.  The Commission summarises each of these Acts and suggests which provisions might be retained in a consolidated Evidence Act.  The Commission seeks views as to whether these proposals for each Act is suitable. These proposed consolidated provisions would be incorporated into the Commission's forthcoming Report on Evidence which will also make proposals for reform of the law on hearsay, documentary (including electronic) evidence and expert evidence.

Issues Paper on Domestic Violence - Harassment

Closing date:16 August 2013

Contact: consultation.harassment@lawreform.ie

With this Issues Paper the Commission is seeking views on whether the offence of harassment in section 10 of the Non-Fatal Offences Against the Person Act, 1997 is an effective means for the prosecution of the types of harassing behaviour that are common in a domestic violence setting.

Issues Paper on Domestic Violence

Closing date: 25 July 2013

Contact: dvconsultation@lawreform.ie

With this Issues Paper, the Commission is seeking views in relation to whether it should be possible to refuse bail for preventative reasons where a person has been charged with the offence of breach of a domestic violence order under section 17 of the Domestic Violence Act, 1996.