Reform of Non-Court Adjudicative bodies and appeals to courts

Background

In 2019, the Commission began work on reforming non-court adjudicative bodies and appeals to courts under its Fifth Programme of Law Reform. Ireland has many quasi-judicial bodies, such as An Coimisiún Pleanála, the International Protection Appeals Tribunal, the Residential Tenancies Board, and the Social Welfare Appeals Office, which have developed without a unified approach to procedure or appeals.

Project

The Consultation Paper addresses:

Multiplicity of Procedures and Appeals: These bodies have grown organically, leading to inconsistent rules of evidence and varied appeal routes, as noted in the Commission’s 2016 Report on Evidence.
Key Questions: Should there be a standard approach to procedural matters, evidential rules, and access to legal representation? How can that be achieved without losing the flexibility required by each body to carry out its unique adjudicative functions? How can the quality and structure of decision making be improved? How can appeal routes be simplified?
Comparative Models: The project reviews reforms in the UK under the Tribunals, Courts and Enforcement Act 2007, which implemented recommendations from the Leggatt Report (2001). That Act introduced a single basis for appeals and consolidated tribunals into a uniform structure. It also analyses reforms in Canada, New Zealand and Australia and considers whether any of these reforms would be workable in an Irish context.
Irish Context: While such consolidation could raise constitutional issues under Articles 34 and 37 of the Irish Constitution, the Report explores whether aspects of the UK model – or reforms from other jurisdictions- could be adapted for Ireland.

Next steps

The Commission is currently consulting on proposals for a more coherent system of decision-making processes and procedures and about the possibility of streamlining appeals.

Documents

Consultation Paper on Non-Court Adjudicative Bodies and Appeals to Court, published December 2025

Updates

Consultation is now open and the Commission welcomes submissions from interested parties. You can find out more here.