Report Title |
Summary of Recommendations |
Draft Legislation, if applicable, in Report |
Information on Implementation |
Report on Compulsory Acquisition of Land
LRC 127-2023
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Recommended that the acquisition of land should be done by a general system of vesting orders; that advance payments of compensation should be made to owners, lessees and occupiers; that functions relating to the assessment of compensation for compulsorily acquired land should be transferred to the Valuation Tribunal; that the Acquisition of Land (Assessment of Compensation) Act 1919 should be repealed and the principles and rules of compensation for compulsorily acquired land should be codified in new legislation. |
Draft Acquisition of Land Bill 2023 |
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Report on Capping Damages in Personal Injuries Actions LRC 126-2020
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Report limited to examining whether legislation capping general damages would be constitutionally permissible or desirable. Report concluded:legislative model based on Judicial Council Act 2019 meets constitutional tests discussed in Report and that it is desirable that it should be given time to be implemented; and also concludes that another legislative model, based on a variant of Australian and English legislation, could also be constitutionally permissible.
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Not applicable.
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(a) Department of Justice Action Plan 2021, item 90: Report to be reviewed in context of reform of insurance sector.
(b) Department of Finance and Department of Enterprise, Trade and Employment Action Plan for Insurance Reform Implementation Report (March 2022), actions 27 and 28: completion of Minister for Justice’s Report to Cabinet Committee Sub-Group on matters arising from the recommendations and implementation. Implementation is awaiting assessment of the impact of the introduction of the Personal Injury Guidelines.
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Report on Accessibility of Legislation in the Digital Age
LRC 125-2020
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Recommended that, to make legislative stock more accessible, there should be multi-year planned programmes of consolidation of Acts, to be overseen by multi-agency Accessibility and Consolidation of Legislation Group; and that online version of the electronic Irish Statute Book (eISB) should have presumptive official status if accompanied by qualified electronic signature that complies with 2014 EU eIDAS Regulation.
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Draft Scheme of Accessibility and Online Consolidation of Legislation Bill in Report.
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Discussion Paper on Domestic Implementation of International Obligations
LRC 124-2020
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Reviewed impact on domestic law of ratifying over 1,400 international agreements; described best practices in implementation, including use of roadmaps and Regulatory Impact Analyses; noted Government commitment to ratify certain international instruments, including Optional Protocol to Convention on Torture (OP-CAT). |
Not applicable: did not recommend any legislative reforms. |
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Report on Suspended Sentences
LRC 123-2020
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Recommendations, building on principles in case law, relate to: sentencing guidance; alternatives to suspended sentences for child offenders; data management and ICT; and collaboration between agencies within the criminal justice system.
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Not applicable: guiding principles for suspended sentences in Report
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In part: Department of Justice Action Plan 2022, item 45: Report to be reviewed to consider alternatives to suspended sentences for child offenders and Children (Amendment) Bill to be progressed.
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Report on Knowledge or Belief Concerning Consent in Rape Law
LRC 122-2019
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Recommended reform of section 2 of Criminal Law (Rape) Act 1981 so that the accused's belief in consent should be objectively reasonable, and that juries should have regard to the accused's relevant decision-making capacity and the steps, if any, that the accused takes to ascertain whether the woman is consenting.
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Draft Criminal Law (Rape)(Amendment) Bill
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a) Government’s General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022 (July 2022) (Head 3), implementation of recommendations on reasonable belief in consent;
(b) Department of Justice Action Plan 2022, item 110: Sexual Offences Bill to include reform of reasonable belief as to consent.
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Report on Privilege for Reports of Court Proceedings under the Defamation Act 2009
LRC 121-2019
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Recommended that sections 17 and 18 of the Defamation Act 2009 should be amended to provide that, in determining whether a report of court proceedings is "fair and accurate", all of the circumstances of the case are to be considered; that the privilege in sections 17 and 18 of the 2009 Act should remain applicable to professional journalists and others, such as bloggers and social media users; and that a new qualified privilege defence for reports of court proceedings falling below the "fair and accurate" standard, should not be enacted.
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Draft Defamation (Amendment) Bill in Report
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Department of Justice Action Plan 2022, item 76: Scheme of Defamation (Amendment) Bill to be finalised.
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Report on the Fifth Programme of Law Reform
LRC 120-2019
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Contains content of Fifth Programme of Law Reform
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Not applicable
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Government approved Fifth Programme on 20th March 2019 in accordance with Law Reform Commission Act 1975.
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Report on Regulatory Powers and Corporate Offences
LRC 119-2018
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Recommended that:
- A statutory Corporate Crime Agency and a DPP dedicated unit be established.
- Economic regulators should have six “core” regulatory powers, including to impose administrative financial sanctions and to make regulatory enforcement agreements
- the “core” regulatory powers should apply to economic regulators in competition, communications and health products regulation
- tests for attribution of corporate criminal liability should clarify how a corporate body is held criminally liable for systemic failures by its senior executives.
- to address egregiously reckless risk-taking, fraud offences should be amended so that conscious (subjective) recklessness by a person would amount to fraud under the offences in the Criminal Justice (Theft and Fraud Offences) Act 2001.
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Four Draft Schemes of Bills
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In part: (a) Department of Justice Action Plan 2022, item 14 to implement Report of Hamilton Review Group on Corporate Crime and Corruption (2020), which recommended establishment of permanent forum of State agencies to facilitate greater collaboration and information sharing (related to recommendation on coordination between regulators); and amendment of fraud offences to address egregiously reckless behaviour (related to recommendations in chapters 11 and 12);
(b) Government’s Online Safety and Media Regulation Bill (January 2022) applied recommendations in s. 7 (substitution of s. 32 of the Broadcasting Act 2009) and in s. 46 (amendment of Broadcasting Act 2009 by insertion of Part 8B, which applies recommendations, in part, in ss. 139Z-139ZC, 139ZM-139ZP and 139ZS-139ZT);
(c) Central Bank (Individual Accountability Framework) Bill 2022 (July 2022), Ss. 48, 53, 64, 65 and 80-82: proposals for administrative financial sanctions, publication of settlements and disclosures of privileged material;
(d) Competition (Amendment) Act 2022, provision for administrative sanctions and immunity in s. 13 (amendment of Competition Act 2002 by insertion of Parts 2D and 2E);
(e) Communications Regulation Bill 2022 (September 2022), provision for administrative financial sanctions in s. 76 and publication of adjudication decisions in s. 92.
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Report on Section 117 of the Succession Act 1965: Aspects of Provision for Children
LRC 118-2017
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Recommended section 117 of 1965 Act should be based on whether "proper provision" has been made rather than whether there was a breach of "moral duty"; that it should include a presumption that proper provision has been made for adult children; and that it should apply to intestacy as well as where a will has been made.
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Draft Succession (Amendment) Bill in Report.
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Report on Consolidation and Reform of Aspects of the Law of Evidence
LRC 117-2016
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Recommended reform of: hearsay rule (including business records), documentary and electronic evidence (including concerning voluminous documents) and expert evidence (including the duties and immunity of experts); and the consolidation and reform of 18 Evidence Acts (including 15 pre-1922 Evidence Acts).
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Draft Evidence (Consolidation and Reform) Bill in Report
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In part: reforms of hearsay rule on admissibility of business records, including electronic records, in civil cases in Part 3, Chapter 3 (sections 12 to 19) of Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.
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Report on Harmful Communications and Digital Safety
LRC 116-2016
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Recommended reform and consolidation of criminal law offences concerning harmful communications, including new offences of intentional online victim-shaming and online posting of intimate images without consent; reform of existing laws on threatening and intimidating communications; and establishment of Digital Safety Commissioner to oversee national digital safety standards and efficient and effective take-down procedure for harmful digital communications.
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Draft Harmful Communications and Digital Safety Bill in Report
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(a) Harassment, Harmful Communications and Related Offences Act 2020;
(b) Government published Online Safety and Media Regulation Bill (January 2022);
(c) In part: Department of Justice Review of the Defamation Act (2022), adoption of Report recommendation in relation to a statutory power to grant a Norwich Pharmacal order recommended by Review (page 272);
(d) Department of Justice Action Plan 2022, Government to prioritise the introduction of an offence of stalking (page 31) and item 76: Scheme of Defamation (Amendment) Bill to be finalised;
(e) Criminal Justice (Miscellaneous Provisions) Bill 2022 (September 2022), Section 13: proposal for a standalone offence of stalking. This adopted a proposal in the Non-Fatal Offences Against the Person (Amendment) (Stalking) Bill 2021 (a PMB which reached second stage in Dáil Éireann 9 February 2022) to implement the Commission’s recommendation.
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Report on Search Warrants and Bench Warrants
LRC 115-2015
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Recommended that over 300 laws on search warrants be replaced by a single Search Warrants Act with standard rules on applying for, issuing and executing warrants; and that search warrants should only be issued by a court.
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Draft Criminal Justice (Search Warrants) Bill in Report
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Part 4 (Heads 14 to 22) of Department of Justice General Scheme of Garda Síochána (Powers) Bill 2021
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Report on Prevention of Benefit from Homicide
LRC 114-2015
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Recommended amendment of Civil Liability Act 1961 to prevent person who commits murder, attempted murder or manslaughter obtaining benefit from any property of the victim, whether in the victim's estate or in any other property (including in joint tenancy, insurance or pension).
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Draft Civil Liability (Amendment) (Prevention of Benefit from Homicide) Bill in Report
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Part 5 (Heads 41 to 48) of Department of Justice General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill 2017.
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Report on Consumer Insurance Contracts
LRC 113-2015
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Recommended legislation to consolidate and reform law on insurance contracts for individual consumers and SMEs, including: to replace pre-contractual duty of disclosure with duty to answer specific questions; proportionate remedies for breach; replacement of insurance warranties with provisions that identify actual risks insured; to abolish requirement for insurable interest; and to allow third parties to claim directly against insurer in specified cases.
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Draft Consumer Insurance Contracts Bill in Report
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Consumer Insurance Contracts Act 2019.
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Report on Disclosure and Discovery in Criminal Cases LRC 112-2014
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Recommended legislation to set out the scope of prosecution duty of disclosure in indictable and summary prosecutions; and for pre-trial judicial resolution of claims of privilege made by prosecution or third parties.
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Draft Criminal Procedure (Disclosure) Bill contained in Report
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In part: (a) section 19A, Criminal Evidence Act 1992, inserted by section 39, Criminal Law (Sexual Offences) Act 2017;
(b) Part 2 (sections 3 to 11) Criminal Procedure Act 2021
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Report on Aspects of Domestic Violence
LRC 111-2013
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Recommended that breach of domestic violence orders should remain summary offences to ensure their constitutional validity and effectiveness; that existing rules on bail, including revoking bail, where a person is charged with breaching a domestic violence order be retained; and that stalking and online harassment will be examined separately under Fourth Programme (see now recommendations in LRC 116-2016)
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Not applicable
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(a) Recommendations to retain summary offences for breach of orders, and on bail, enacted in Domestic Violence Act 2018; (b) recommendations on online harassment (from LRC 116-2016) enacted in Harassment, Harmful Communications and Related Offences Act 2020
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Report on Fourth Programme of Law Reform
LRC 110-2013
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Contains content of Fourth Programme of Law Reform
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Not applicable
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Government approved Fourth Programme on 8 October 2013 in accordance with Law Reform Commission Act 1975.
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Report on Sexual Offences and Capacity to Consent
LRC 109-2013
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Recommended repeal and replacement of section 5 of Criminal Law (Sexual Offences) Act 1993 concerning sexual offences involving persons whose capacity to consent is at issue or who do not have capacity to consent; and reform of relevant rules on giving evidence in Criminal Evidence Act 1992.
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Draft Criminal Law (Sexual Offences and Capacity to Consent) Bill in Report
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(a) Part 3, Criminal Law (Sexual Offences) Act 2017;
(b) amendments to Criminal Evidence Act 1992 in Part 6, Criminal Law (Sexual Offences) Act 2017.
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Report on Mandatory Sentences
LRC 108-2013
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Recommended that: a Judicial Council should develop sentencing guidance or guidelines, building on the Irish Sentencing Information System (ISIS); that in murder cases the mandatory life sentence should be retained and that the sentencing judge should be allowed to recommend a specific minimum term; and that the current presumptive minimum sentences for certain drugs and firearms offences should be repealed
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Draft legislative text on recommendation of specific minimum term in murder cases, and list of provisions to be repealed, in Report
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(a) Judicial Council Act 2019, section 21: Ministerial review of mandatory minimum sentences within 2 years;
(b) Criminal Justice (Amendment) Act 2021 (repeal of mandatory minimum sentences).
(c) Department of Justice Action Plan 2022, item 36: Proposals for law reform in relation to life sentences to be made.
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Report on Jury Service
LRC 107-2013
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Recommended legislation to allow non-Irish citizens be qualified for jury service; that existing blanket excusal from jury service of many professionals should be repealed; that up to three extra jurors be selected for trials likely to be longer than three months; that specific information be provided to juries in all trials on indictment; and that research on juries be carried out
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Draft Juries Bill in Report
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In part: (a) s.15A of the Juries Act 1976, inserted by s.23 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 (three extra jurors in lengthy trials);
(b) Part 3 (section 12) Criminal Procedure Act 2021 (information for juries);
(c) remainder of Report: Government established Working Group on Juries, April 2018.
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Report on Civil Law Aspects of Missing Persons
LRC 106-2013
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Recommended enactment of legislation to allow for immediate protection of financial interests of missing persons; and to allow for application for declaration of presumed death to a coroner (where death virtually certain) or the Circuit Court (where death highly probable)
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Draft Civil Law (Missing Persons) Bill in Report
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In part: Civil Law (Presumption of Death) Act 2019 (presumption of death orders).
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Report on Legal Aspects of Professional Home Care LRC 105-2011
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Recommended statutory regulation of professional home care services by Health Information and Quality Authority (HIQA)
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Draft Health (Professional Home Care) Bill in Report
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Department of Health published 2018 Report on the findings of the public consultation on home-care services, which approved Government proposals for statutory regulation of home care, within the context of the general proposals in the 2017 Sláintecare Report (Report of Oireachtas Committee on Future of Healthcare).
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Report on Limitation of Actions LRC 104-2011
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Recommended “core limitation” law for most commonly-litigated civil claims (contract and tort); basic limitation period of 2 years (based on discoverability); ultimate (long-stop) limitation period of 15 years; discretion to extend long-stop in exceptional circumstances.
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Draft Limitations Bill in Report
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Report on Children and the Law: Medical Treatment LRC 103-2011
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Recommended that 16 and 17 year olds be presumed competent to consent to and refuse health care medical treatment; under 16s not presumed competent but maturity test to apply to determine issue.
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Draft Health (Children and Consent to Health Care Treatment) Bill in Report
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In part: s.4A of the Mental Health Act 2001, inserted by s.4 of the Mental Health (Amendment) Act 2018 (general principles concerning consent to treatment in mental health care setting);
Mental Health (Amendment) Bill 2016 (Private Member’s Bill), passed Seanad Éireann 27 June 2018; detailed scrutiny by Oireachtas Joint Committee on Health, March 2019 (age appropriate accommodation for persons under 18 in mental health care setting);
Mental Health (Capacity to Consent to Treatment) Bill 2018 (Private Member’s Bill), passed Second Stage, Seanad Éireann 10 October 2018 (capacity to consent of 16 and 17 year olds in mental health care setting).
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Report on Legislation Directory LRC 102-2010
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Set out Commission’s progress on maintaining and updating Legislation Directory, including existing and planned enhancements to content and XML-based authoring tool; and set out the Second Programme of Statute Law Restatement 2011-2012.
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Not applicable
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Commission continues to update Legislation Directory and enhance its content; and to prepare Revised Acts (400 Revised Acts being maintained in 2021)
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Report on Legal Aspects of Family Relationships LRC 101-2010
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Recommended: new terms “parental responsibility”, “day-to-day care” and “contact” should replace terms guardianship, custody and access currently used in Guardianship of Infants Act 1964; mothers and fathers (including non-marital fathers) should have automatic joint parental responsibility for their children; legislation should facilitate extension of parental responsibility to civil partners and step-parents.
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Draft Children and Parental Responsibility Bill in Report
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Children and Family Relationships Act 2015, Part 4
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Report on Personal Debt Management and Debt Enforcement LRC 100-2010
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Recommended: non-judicial debt settlement system for personal debt; establishment of Debt Settlement Office to oversee proposed system; reform of judicial bankruptcy legislation; regulation of debt collection undertakings.
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Draft Personal Insolvency Bill and draft Heads of Bill to amend Bankruptcy Act 1988 in Report
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(a) Personal Insolvency Act 2012;
(b) Civil Debt (Procedures) Act 2015
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Report on Inchoate Offences LRC 99-2010
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Recommended that inchoate offences (incitement, conspiracy and attempt) be placed on statutory footing replacing common law inchoate offences. Recommended detailed reforms for each inchoate offence, including that the fault (culpability) element of the offences "track" the substantive criminal offences to which they relate.
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Draft Criminal Law (Inchoate Offences) Bill in Report
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Incorporated into Programme of Work of Criminal Law Codification Advisory Committee: see www.criminalcode.ie
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Report on Alternative Dispute Resolution: Mediation and Conciliation LRC 98-2010
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Recommended statutory framework for mediation and conciliation, including key principles namely: they are voluntary processes; the parties control them; confidentiality of the processes is required; and their quality must be assured by clearly stated standards.
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Draft Mediation and Conciliation Bill in Report
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Mediation Act 2017
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Report on Consolidation and Reform of the Courts Acts LRC 97-2010
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Recommended that over 240 existing Courts Acts should be consolidated into a single Courts (Consolidation and Reform) Act, together with reforms. Reforms include: courts having general duty to engage in judicial case management in civil proceedings; single procedure to bring summary criminal cases; and statutory rules of Court must be drafted using plain language.
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Draft Courts (Consolidation and Reform) Bill in Report.
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In part: (a) section 64 of the Civil Law (Miscellaneous Provisions) Act 2011 (amending ss.34, 35 and 38 of the Courts of Justice Act 1936 to allow flexible arrangements for sitting of High Court on Circuit);
(b) Report of the Review of the Administration of Civil Justice (2020) recommended implementing judicial case management and drafting Rules of Court in plain language.
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Interim Report on Personal Debt Management and Debt Enforcement LRC 96-2010
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Contains 14-Point Action Plan of Initiatives Agreed by Commission with Working Group on Personal Debt
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Draft Rules of Court on Pre-Action Protocol for Personal Debt Claims in Report
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(a) 14- Point Action Plan in Report implemented by specified Working Group members;
(b) Part 7 of Civil Law (Miscellaneous Provisions) Act 2011 (amendments to Bankruptcy Act 1988);
(c) Personal Insolvency Act 2012
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Report on Defences in Criminal Law LRC 95-2009
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Recommended that defences of legitimate defence (self-defence), provocation and duress be reformed and placed on statutory footing; defence of necessity should develop on a case-by-case basis.
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Draft Criminal Law (Defences) Bill in Report
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In part (legitimate defence in dwelling): Criminal Law (Defence and the Dwelling) Act 2011
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Report on Bioethics: Advance Care Directives LRC 94-2009
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Recommended legislative framework for advance care directives involving refusal of medical treatment, to form part of mental capacity law
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Draft Mental Capacity (Advance Care Directives) Bill in Report
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Part 8 (ss.82 to 93) of Assisted Decision-Making (Capacity) Act 2015
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Report on Civil Liability of Good Samaritans and Volunteers LRC 93-2009
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Recommended civil liability of Good Samaritans and volunteers be limited to circumstances of gross negligence; that liability of volunteer undertakings take account of their benefit to community
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Draft Civil Liability (Good Samaritans and Volunteers) Bill in Report
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Part 4A (ss.51A to 51G) of Civil Liability Act 1961, inserted by Part 3 (s.4) of Civil Law (Miscellaneous Provisions) Act 2011
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Report on Trust Law: General Proposals LRC 92-2008
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Recommended reform of law on duties and powers of trustees, including replacement of Trustee Act 1893 with consolidated and reformed Act
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Draft Trustee Bill in Report
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Government Legislation Programme Autumn Session 2015: Trusts Bill to be published (Section C)
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Report on Statute Law Restatement LRC 91-2008
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Set out First Programme of Statute Law Restatement 2008-2009 (administrative consolidation of over 40 Acts)
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First Programme of Statute Law Restatement 2008-2009 in Report
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Revised Acts published on Commission website
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Report on Multi-Unit Developments LRC 90-2008
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Recommended reform to protect rights and interests of parties, including reform of law on owners' management companies
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Draft Multi-Unit Developments Bill in Report
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Multi-Unit Developments Act 2011
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Report on Aspects of Intercountry Adoption Law LRC 89-2008
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Reiterated recommendation in LRC 58-1998 to implement Hague Convention; recommended amendment of Child Care Act 1991 concerning post-adoption services
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Recommendation to amend section 6 of Child Care Act 1991 to include post-adoption counselling for intercountry adoption
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Adoption Act 2010
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Report on Privity of Contract and Third Party Rights LRC 88-2008
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Recommended reform of contractual privity rules, allowing rights for third parties envisaged in the contract (subject to express opt-out).
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Draft Contract Law (Privity of Contract and Third Party Rights) Bill in Report
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Report on Homicide: Murder and Involuntary Manslaughter LRC 87-2008 |
Recommended statutory codification of mental elements of murder and involuntary manslaughter (and related offences) |
Draft Homicide Bill in Report |
"Incorporated into Programme of Work of Criminal Law Codification Advisory Committee: see www.criminalcode.ie |
Programme of Law Reform 2008-2014 LRC 86-2007
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Contains content of Third Programme of Law Reform 2008-2014
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Not applicable
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Government approved Third Programme on 12 December 2007 in accordance with Law Reform Commission Act 1975
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Report on General Law of Landlord and Tenant LRC 85-2007
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Recommended consolidating Landlord and Tenant Acts, including Deasy's Act 1860 and Landlord and Tenants Acts 1980 to 1984
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Draft Landlord and Tenant Bill in Report
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Scheme of Landlord and Tenant Law Reform Bill published by Department of Justice and Equality (April 2011).
Government Legislation Programme Summer Session 2019 : Landlord and Tenant Law Reform Bill to be published
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Report on Spent Convictions LRC 84-2007
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Recommended some offences should be regarded as spent for certain purposes, including employment
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Draft Spent Convictions Bill in Report
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Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
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Report on Vulnerable Adults and the Law LRC 83-2006
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Recommended general mental capacity law, including general presumption of capacity of those over 18; to allow informal decision-making for adults who lack capacity; and replacement of Wards of Court with Office of Public Guardian and Guardianship Board
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Draft Mental Capacity Bill in Report
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Assisted Decision-Making (Capacity) Act 2015
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Report on Rights and Duties of Cohabitants LRC 82-2006
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Recommended reform to allow cohabitant agreements, to confer certain entitlements on cohabitants and allow application to court for relief for certain qualified cohabitants
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Draft Cohabitation Bill in Report
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Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Part 15 deals with Cohabitants)
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Report on Prosecution Appeals and Pre-Trial Hearings LRC 81-2006
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Approved "without prejudice" appeal for prosecution in trials on indictment in Criminal Justice Act 2006 (recommended in Consultation Paper); recommended non-statutory interim reform of pre-trial procedures (see now recommendations for statutory reform in LRC 112-2014).
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Not applicable (recommended "without prejudice" prosecution appeal introduced in Criminal Justice Act 2006)
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Criminal Justice Act 2006 ss.21 to 24
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Report on Charitable Trusts and Legal Structures for Charities LRC 80-2006
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Recommended reform of duties of charity trustees and new legal structure for charities, Charitable Incorporated Organisation (CIO)
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Draft Charities (Charitable Incorporated Organisation) Bill in Report
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Charities Act 2009 (in part: duties of charity trustees)
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Report on eConveyancing: Modelling of the Irish Conveyancing System LRC 79-2006
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Recommended establishing eConveyancing Group to set out roadmap and recommendation to Government
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Not applicable
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eConveyancing Steering Group established by Law Society of Ireland.
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Report on the Establishment of a DNA Database LRC 78-2005
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Recommended limited DNA Database, including: retaining DNA profiles of convicted persons only
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Draft Criminal Justice (DNA Database) Bill in Report
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Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Report on Corporate Killing LRC 77-2005
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Recommended offence of corporate killing and associated individual offence
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Draft Corporate Manslaughter Bill in Report
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Regulatory Impact Analysis to be published by Department of Justice and Equality
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Report on Multi-Party Litigation LRC 76-2005
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Recommended Multi-Party Litigation procedure in Rules of Court
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Draft Rules of the Superior Courts (Multi-Party Actions) and draft Civil Legal Aid (Amendment) Bill in Report
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Multi-Party Actions Bill 2017 (PMB) passed Second Stage Dáil Éireann 16 November 2017; Report of the Review of the Administration of Civil Justice (2020) recommended introduction of multi-party litigation procedure based on Commission's opt-in model: see also LRC 97-2010
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Report on the Court Poor Box: Probation of Offenders LRC 75-2005
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Recommended replacement of court poor box and updating of Probation of Offenders Act 1907
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Draft Probation of Offenders Bill in Report
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Scheme of Criminal Justice (Community Sanctions) Bill published by Department of Justice and Equality (February 2014); Department of Justice Action Plan 2022, item 118: Revised General Scheme of Criminal Justice (Community Sanctions) Bill to be published.
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Report on Reform and Modernisation of Land Law and Conveyancing Law LRC 74-2005
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Recommended reform and modernisation of over 150 pre-1922 Acts on land law and conveyancing law
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Draft Land and Conveyancing Bill in Report
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Land and Conveyancing Law Reform Act 2009
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Report on Public Inquiries including Tribunals of Inquiry LRC 73-2005
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Recommended consolidating and reforming Tribunals of Inquiry (Evidence) Acts 1921 to 2004
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Draft Tribunals of Inquiry Bill in Report
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Tribunals of Inquiry Bill 2005 passed Committee Stage in Dáil Éireann in 2015, but lapsed on dissolution of Dáil prior to 2016 General Election and not restored to Dáil Order Paper after that Election.
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Report on a Fiscal Prosecutor and a Revenue Court LRC 72-2004
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Recommended changes to Taxes Acts (appeals process from Revenue penalties: reform of Appeals Commissioners processes; threshold for publication of tax defaulters)
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Draft Taxes (Miscellaneous Provisions) Bill in Report
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Finance (Tax Appeals Act 2015;
Finance Act 2005 (threshold for publication of tax defaulters);
Finance (No. 2) Act 2008 (appeals process from Revenue penalties).
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Report on Judicial Review Procedure LRC 71-2004
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Recommended changes to Rules of court on judicial review; Illegal Immigrants (Trafficking) Act 2000 and making of various Practice Directions
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Draft amended Order 84 of Rules of the Superior Courts and draft amended section 5 of Illegal Immigrants (Trafficking) Act 2000 in Report
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In part: Planning and Development (Strategic Infrastructure) Act 2006, s.13;
Planning and Development (Amendment) Act 2010, s.32;
Rules of the Superior Courts (Judicial Review) 2011 (SI No. 691 of 2011)
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Report on Land Law and Conveyancing Law: (7) Positive Covenants over Freehold Land and Other Proposals LRC 70-2003
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Various recommendations for reform
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Incorporated into draft Bill in Report on Reform and Modernisation of Land Law and Conveyancing Law LRC 74-2005
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Land and Conveyancing Law Reform Act 2009
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Report on Penalties for Minor Offences LRC 69-2003
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Recommended limit to imprisonment power of District Court; to allow amount of fine to be tailored to means of individual offender; to increase maximum fine for corporate bodies to 3 times that for individuals
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Draft legislative provisions in Report
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Fines Act 2010; limit to imprisonment power of District Court implemented administratively by Office of Parliamentary Counsel to Government.
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Report on the Deductibility of Collateral Benefits from Awards of Damages LRC 68-2002
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Recommended reform of statutory rules on what can be deducted from compensation awards
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Draft legislative provision in Report
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Civil Liability and Courts Act 2004, s.27;
Social Welfare Consolidation Act 2005, ss. 96 and 286;
Social Welfare and Pensions Act 2013, ss.13 and 14
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Report on Title by Adverse Possession of Land LRC 67-2002
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Recommended clarifying scope of title of person in adverse possession and statutory conveyance of title
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Draft Title by Adverse Possession Bill in Report
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Postponed in view of ECtHR decision in Pye (Oxford) case (2007)
Adverse possession included in Fifth Programme of Law Reform, Project 15.
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Report on the Acquisition of Easements by Prescription and Profits à Prendre LRC 66-2002
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Recommended new statutory scheme and repeal of Prescription Act 1832
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Incorporated into draft Bill in Report on Reform and Modernisation of Land Law and Conveyancing Law LRC 74-2005
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Land and Conveyancing Law Reform Act 2009
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Report on the Indexation of Fines: A Review of Developments LRC 65-2002
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Recommended implementing indexation of "fines" system in Report on Indexation of Fines LRC 37-1991: see below
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Draft legislative provisions in Report on Indexation of Fines LRC 37-1991: see below
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Fines Act 2010
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Report on the Statutes of Limitations: Claims in Contract and Tort in Respect of Latent Damage (Other than Personal Injury) LRC 64-2001
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Recommended that limitation period should begin when person first know or should have known of relevant factors
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Draft Statute of Limitations (Amendment) Bill in Report
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Incorporated into Third Programme of Law Reform 2008-2014 (Project 4: see now LRC 104-2011)
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Report on the Variation of Trusts LRC 63- 2000
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Recommended courts should have power to vary terms of trusts
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Draft Variation of Trusts Bill in Report
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Land and Conveyancing Law Reform Act 2009
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Report on the Rule against Perpetuities and Cognate Rules LRC 62-2000
|
Recommended abolition of rule against perpetuities and rule against accumulations
|
Draft Perpetuities Bill in Report
|
Land and Conveyancing Law Reform Act 2009
|
Report on Statutory Drafting and Interpretation: Plain Language and the Law LRC 61-2000
|
Recommended use of plain language in drafting legislation, updated interpretation of older legislation, purposive approach to interpreting legislation
|
Draft legislative provisions in Report
|
Interpretation Act 2005
|
Report on Aggravated, Exemplary and Restitutionary Damages LRC 60-2000
|
Recommended primarily judicial development of the law on aggravated, exemplary and restitutionary damages: limited statutory reform
|
Draft legislative provisions in Report
|
|
Report on Gazumping LRC 59-1999
|
Recommended gazumping should be dealt with by way of information to consumers
|
Not applicable: did not recommend legislation
|
Approved in Report of Auctioneering/Estate Agency Review Group (2005) (implemented in Property Services (Regulation) Act 2011)
|
Report on the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption LRC 58-1998
|
Recommended State ratification of 1993 Hague Convention
|
Not applicable
|
Adoption Act 2010
|
Report on Privacy: Surveillance and the Interpretation of Communications LRC 57-1998
|
Recommended various legislative protections for privacy in connection with surveillance
|
Draft Privacy and Surveillance Bill in Report
|
In part: Criminal Justice (Surveillance) Act 2009 (Garda legislative surveillance powers); Privacy Bill 2006 proposed statutory tort of privacy but agreement it should lapse following recognition in 2010 of statutory Press Council under Defamation Act 2009 : S.I. No. 163 of 2010.
|
Report on Land Law and Conveyancing Law: (6) Further General Proposals Including the Execution of Deeds LRC 56-1998
|
Recommended words of limitation not required for creation or transfer of interest in freehold registered land
|
Incorporated into draft Bill in Report on Reform and Modernisation of Land Law and Conveyancing Law LRC 74-2005
|
Land and Conveyancing Law Reform Act 2009
|
Report on UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects LRC 55-1997
|
Recommended State should ratify UNIDROIT Convention
|
Not applicable
|
Government’s Revised General Scheme of Monuments and Archaeological Heritage Bill, Head 45 relates to the acceptance into Irish law of the rules established under the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects; the Commission’s Report recommended the ratification of the Convention. Head 31 is consistent with the Commission’s recommendation on the introduction of a provision clarifying that owners of land on which archaeological objects are found are not counted as “known owners” to address a loophole in the current law giving the State the right to ownership.
|
Report on Personal Injuries: Periodic Payments and Structured Settlements LRC 54-1996
|
Recommended provisional awards and structured settlements in civil personal injury claims.
|
Draft legislative provisions in this Report
|
Part IVB (ss.51H to 51O) of Civil Liability Act 1961, inserted by Civil Liability (Amendment) Act 2017 (see also related Report of Working Group on Payments for Catastrophic Injuries: Module 1 (2010)).
|
Report on Sentencing LRC 53-1996
|
Recommended non-statutory sentencing guidelines; statutory discretion to reduce sentence where guilty plea entered
|
Recommended limited legislative reform on discretion to reduce sentence where guilty plea entered; primarily recommended non-legislative reform
|
Criminal Justice Act 1999, s.29 (discretion of court to reduce sentence where guilty plea entered)
|
Report on Family Courts LRC 52- 1996
|
Various recommendations on family law and its administration
|
|
Children Act 1997, s.28 (appointment of guardian for litigation);
Civil Liability and Courts Act 2004, s.40 (reform of in camera rule);
General Scheme of Family Court Bill published (September 2020).
|
Report on Intoxication LRC 51-1995
|
Recommended that intoxication not a general defence in criminal law
|
Draft legislative provisions in Report
|
Incorporated into Programme of Work of Criminal Law Codification Advisory Committee: see www.criminalcode.ie
|
An Examination of the Law of Bail LRC 50-1995
|
Commission requested by Attorney General to provide overview of current law against background of proposed constitutional amendment (later approved after referendum to amend Article 40.4: see Sixteenth Amendment of the Constitution Act 1996; not requested to make specific proposals for reform
|
Not applicable
|
Amendment to Article 40.4 by Sixteenth Amendment of the Constitution Act 1996 reflected in Bail Act 1997
|
Report on the Interests on Vendor and Purchaser in Land during the Period Between Contract and Completion LRC 49-1995
|
Recommended beneficial ownership should in general transfer on making of contract
|
Incorporated into draft Bill in Report on Reform and Modernisation of Land Law and Conveyancing Law LRC 74-2005
|
Land and Conveyancing Law Reform Act 2009
|
Report on Hague Convention Abolishing Requirement of Legalisation of Foreign Publlic Documents LRC 48-1995
|
Recommended State should ratify 1961 Hague Convention
|
Not applicable
|
Courts (No.1) (Proof of Foreign Diplomatic, Consular and Public Documents) 1999 (SI No.3 of 1999);
Civil Law (Miscellaneous Provisions) Act 2008, s.50
|
Report on Contempt of Court LRC 47- 1994
|
Recommended limited statutory reform of contempt of court law
|
Draft legislative provisions in Report
|
Contempt of court examined again in Fourth Programme of Law Reform (Project 4: Issues Paper published: LRC IP 10-2016)
|
Report on Occupier's Liability LRC 46-1994
|
Recommended reform of common law rules and legislative regulation
|
Draft legislative provisions in Report
|
(a) Occupiers' Liability Act 1995
(b) Department of Justice Action Plan 2022, item 89.2: amendment to the Occupiers' Liability Act in relation to the voluntary assumption of risk by visitors to be published.
|
Report on Non-Fatal Offences Against the Person LRC 45-1994
|
Recommended reform of common law and statutory rules on non-fatal offences, including repeal of most of the Offences Against the Person Act 1861
|
Draft legislative provisions in Report
|
Non-Fatal Offences Against the Person Act 1997
|
Report on Land Law and Conveyancing Law: (5) Further General Proposals LRC 44-1992
|
Various recommendations for reform of landlord and tenant law
|
Draft legislative provisions in Report
|
Landlord and Tenant (Amendment) Act 1994
|
Report on the Law Relating to Dishonesty LRC 43-1992
|
Recommended reform of common law and statutory rules
|
Draft legislative provisions in Report
|
Criminal Justice (Theft and Fraud Offences) Act 2001
|
Report on United Nations Vienna Convention on Contracts for the International Sale of Goods LRC 42-1992
|
Recommended State should ratify Vienna Convention
|
Not applicable
|
Approved in report of Sales Law Review Group (2011);
Department of Jobs, Enterprise and Innovation published Draft Scheme of Consumer Rights Bill (May 2015);
|
Report on the Crime of Libel LRC 41 - 1991
|
Recommended reform of common law and statutory rules
|
Draft legislative provisions in Report
|
Defamation Act 2009
|
Report on Land Law and Conveyancing Law: (4) Service of Completion Notices LRC 40-1991
|
Various recommendations for reform
|
Incorporated into draft Bill in Report on Reform and Modernisation of Land Law and Conveyancing Law LRC 74-2005
|
Land and Conveyancing Law Reform Act 2009
|
Report on Land Law and Conveyancing Law: (3) The Passing of Risk from Vendor to Purchaser LRC 39-1991
|
Various recommendations for reform
|
Incorporated into draft Bill in Report on Reform and Modernisation of Land Law and Conveyancing Law LRC 74-2005
|
Land and Conveyancing Law Reform Act 2009
|
Report on the Civil Law of Defamation LRC 38-1991
|
Recommended reform of common law and statutory rules on defamation
|
Draft legislative provisions in Report
|
(a) Defamation Act 2009
(b) In Part: Department of Justice Review of the Defamation Act (2022), recommended adoption of Report recommendation on provision for entitlement of a defendant to have claims dismissed where no steps taken by the plaintiffs within a specified period from issuing of plenary summons (pages 147-148); (c) In Part: Department of Justice Action Plan 2022, item 76: Scheme of Defamation (Amendment) Bill to be finalised.
|
Report on Indexation of Fines LRC 37-1991
|
Recommended introduction of indexation of fines system
|
Draft legislative provisions in Report
|
Fines Act 2010
|
Report on the Hague Convention on Succession to the Estates of Deceased Persons LRC 36-1991
|
Recommended State should ratify Hague Convention
|
Not applicable
|
|
Report on Confiscation of the Proceeds of Crime LRC 35-1991
|
Recommended introducing of restraint orders, and international co-operation regarding confiscation orders
|
Draft legislative provisions in Report
|
Criminal Justice Act 1994;
Proceeds of Crime Act 1996;
Proceeds of Crime (Amendment) Act 2005
|
Report on Oaths and Affirmations LRC 34-1990
|
Various recommendations for reform, including replacement of Oaths Act 1888
|
Draft legislative provisions, including form of oath, in Report
|
In part: Children Act 1997 ; reform of oaths and affirmations examined again in Third Programme of Law Reform (Projects 7, 8 and 11: see now LRC 117-2016)
|
Report on Sexual Offences against the Mentally Handicapped LRC 33-1990
|
Various recommendations on sexual offences with person whose capacity may be limited; consent of DPP required to take proceedings
|
Draft legislative provisions in Report
|
Criminal Law (Sexual Offences) Act 1993;
Criminal Justice (Miscellaneous Provisions) Act 1997.
Examined again under Third Programme of Law Reform see LRC 109-2013 and implemented inPart 3, Criminal Law (Sexual Offences) Act 2017.
|
Report on Child Sexual Abuse LRC 32-1990
|
Various recommendations: mandatory reporting of child sexual abuse; immunity for those who report child abuse in good faith; care orders; barring orders; offences of child sexual abuse; consenting and non-consenting sexual offences with children (same-sex and opposite sex); video-recording evidence
|
Draft legislative provisions in this Report
|
Child Care Act 1991;
Criminal Evidence Act 1992;
Criminal Law (Sexual Offences) Act 1993;
Domestic Violence Act 1996;
Criminal Justice (Miscellaneous Provisions) Act 1997;
Protection for Persons Reporting Child Abuse Act 1998;
Criminal Justice (Withholding Information on Crimes against Children and Vulnerable Persons) Act 2012;
Children First Act 2015.
|
Report on Land Law and Conveyancing: (2) Enduring Powers of Attorney LRC 31-1989
|
Recommendations on characteristics, registration and scope of power of attorney
|
Draft legislative provisions in Report
|
Assisted Decision-Making (Capacity) Act 2015, Part 7; replacing Powers of Attorney Act 1996
|
Report on Land Law and Conveyancing: (1) General Proposals LRC 30-1989
|
Recommended substituting 5 years for 3 years for a new tenancy
|
Draft legislative provisions in Report
|
Landlord and Tenant (Amendment Act) 1994
|
Report on the Recognition of Foreign Decrees LRC 29-1989
|
Recommended validity of foreign adoptions made in place of habitual residence of the adopters
|
Draft legislative provisions in Report
|
Adoption Act 2010; replacing Adoption Act 1991
|
Report on Debt Collection: (2) Retention of Title LRC 28-1988
|
Recommended amendments to Sale of Goods Act 1893 concerning retention of title clauses in sale of goods contracts
|
Draft Scheme of Sale of Goods (Amendment) Bill in Report
|
|
Report on Debt Collection: (1) The Law Relating to Sheriffs LRC 27-1988
|
Various recommendations on powers of sheriffs, including abolishing power of sheriffs to seize leasehold land
|
Draft legislative provisions in Report
|
Implemented in part: Land and Conveyancing Law Reform Act 2009, s.130;
Incorporated into Report on Consolidation and Reform of the Courts Acts LRC 97-2010
|
Report on Malicious Damage LRC 26-1988
|
Various recommendations including abolishing common law offence of arson and making of compensation orders
|
Draft Criminal Damage Bill in Report
|
Criminal Damage Act 1991:
Criminal Justice Act 1993
|
Report on the Rule Against Hearsay in Civil Cases LRC 25-1988
|
Various recommendations for reform of common law hearsay rules in civil cases
|
Draft Hearsay in Civil Proceedings Bill in Report
|
In part: Children Act 1997 (evidence of children).
Hearsay examined again inThird Programme of Law Reform (Project 8: see LRC 117-2016), and hearsay reforms as to admissibility of business records in civil cases implemented in Part 3, Chapter 3 (sections 12 to 19) of Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.
|
Report on Rape and Allied Offences LRC 24-1988
|
Recommended amending Criminal Law (Rape) Act 1981 to widen definition of rape; and to abolish marital exemption
|
Draft Criminal Law (Rape) (Amendment) Bill in Report
|
Criminal Law (Rape) (Amendment) Act 1990;
Criminal Justice Act 1993
|
Report on Receiving Stolen Property LRC 23-1987
|
Recommended new offence of handling stolen goods: see also Report on the Law Relating to Dishonesty LRC 43-1992, above; and recommended business records inclusionary exception to hearsay rule
|
Draft Criminal Justice Bill in Report
|
Larceny Act 1990;
Criminal Evidence Act 1992;
Criminal Justice (Theft and Fraud Offences) Act 2001
|
Report on the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters LRC 22-1987
|
Recommended State should ratify Convention
|
Not applicable
|
Rules of the Superior Courts (No.3) 1994;
District Court Rules 1997 (previously: District Court (Service Abroad of Documents in Civil and Commercial Matters) Rules 1994)
|
Report on the Statute of Limitations: Claims in Respect of Latent Personal Injuries LRC 21-1987
|
Recommended limitation period should begin to run from the date of knowledge of certain facts
|
Draft Statute of Limitations (Amendment) Bill in Report
|
Statute of Limitations (Amendment) Act 1991
|
Report on Jurisdiction in Proceedings for Nullity of Marriage, Recognition of Foreign Nullity Decrees and the Hague Convention LRC 20-1985
|
Recommended specific rules on jurisdiction and that State should ratify Convention
|
Draft legislative provisions in Report
|
Family Law Act 1995
|
Report on Private International Law Aspects of Capacity to Marry and choice of Law in Proceedings for Nullity of Marriage LRC 19-1985
|
Various recommendations concerning recognition of foreign annulment
|
Draft legislative provisions in Report
|
|
Report on the Liability in Tort of Mentally Disabled Persons LRC 18-1985
|
Various recommendations concerning extent of liability in tort
|
Draft legislative provisions in Report
|
|
Report on the Liability in Tort of Minors and the Liability of Parents for Damage Caused by Minors LRC 17-1985
|
Various recommendations concerning extent of liability in tort
|
Draft legislative provisions in Report
|
|
Report on the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters LRC 16-1985
|
Recommended State should ratify Convention
|
Not applicable
|
Taking of evidence abroad examined again in Third Programme of Law Reform: see Report on Consolidation and Reform of the Courts Acts LRC 97-2010.
|
Report on Minors' Contracts LRC 15-1985
|
Various recommendations concerning extent of liability in contract law
|
Draft Legislative provisions in Report
|
Department of Jobs, Enterprise and Innovation published Draft Scheme of Consumer Rights Bill (May 2015);
Government Legislation Programme Spring Session 2021: Consumer Rights Bill to be published
|
Report on Offences Under the Dublin Police Acts and Related Offences LRC 14-1985
|
Recommended reform of public order offences
|
Draft legislative provisions in Report
|
Criminal Justice (Public Order) Act 1994
|
Report on Competence and Compellability of Spouses as Witnesses LRC 13-1985
|
Recommended that spouse or former spouse is competent to give evidence
|
Draft Criminal Evidence Bill in Report
|
Criminal Evidence Act 1992
|
Report on Hague Convention on the Civil Aspects of International Child Abduction and Some Related Matters LRC 12-1985
|
Recommended State should ratify Convention
|
Not applicable
|
Child Abduction and Enforcement of Custody Orders Act 1991
|
Report on Vagrancy and Related Offences LRC 11-1985
|
Recommended abolishing offence, in the Vagrancy Act 1824, of wandering abroad; recommended new offences of entering a building with intent to commit an offence; soliciting or importuning for the purposes of the commission of a sexual offence; living on the earnings of prostitution
|
Draft legislative provisions in Report
|
Housing Act 1988;
Criminal Law (Sexual Offences) Act 1993;
Criminal Justice (Public Order) Act 1994
|
Report on Recognition of Foreign Divorces and Legal Separations LRC 10-1985
|
Recommended residence as basis for recognition in place of domicile
|
Draft legislative provisions in Report
|
Domicile and Recognition of Foreign Divorces Act 1986;
Family Law Act 1995
|
Report on Nullity of Marriage LRC 9-1984
|
Recommended reform and codification of common law rules
|
Draft legislative provisions in Report
|
|
Report on Divorce a Mensa et Thoro and Related Matters LRC 8-1983
|
Recommended replacing common law divorce a mensa et thoro with statutory judicial separation
|
Draft legislative provisions in Report
|
Judicial Separation and Family Law Reform Act 1989;
Family Law Act 1995
|
Report on Domicile and Habitual Residence as Connecting Factors in the Conflict of Laws LRC 7-1983
|
Recommended abolishing domicile of dependency
|
Draft Conflict of Laws (Habitual Residence) Bill in Report
|
Domicile and Recognition of Foreign Divorces Act 1986
|
Report on the Restitution of Conjugal Rights, Jactitation of Marriage and Related Matters LRC 6-1983
|
Recommended abolishing proceedings for the restitution of conjugal rights, and of petition for jactitation of marriage
|
Draft legislative provisions in Report
|
Family Law Act 1988;
Family Law Act 1995
|
Report on the Age of Majority, the Age for Marriage and Some Connected Subjects LRC 5-1983
|
Recommended reducing age of majority from 21 years to 18 years; and concerning age of marriage
|
Draft Age of Majority Bill in Report
|
Age of Majority Act 1985;
Family Law Act 1995;
Family Law (Miscellaneous Provisions) Act 1997
|
Report on Illegitimacy LRC 4-1982
|
Recommended abolishing status of illegitimacy; that the marital status of parents to have no effect on children's status; and that refusal to give a blood test in paternity proceedings should allow court to draw its own inferences
|
Draft legislative provisions in Report
|
Status of Children Act 1987.
Registration and guardianship for father of child examined again in Third Programme of Law Reform: see LRC 101-2010, and Children and Family Relationships Act 2015, Part 4
|
Report on Defective Premises LRC 3-1982
|
Recommended statutory provision to protect purchasers from defective premises
|
Draft Defective Premises Bill in Report
|
Non-statutory HomeBond scheme introduced
|
Report on Civil Liability for Animals LRC 2-1982
|
Recommended reform of common law rules concerning damage caused by animals straying onto a public road; and powers of Garda Síochána
|
Draft Animals Bill in Report
|
Animals Act 1985
|
Report on Family Law LRC 1-1981
|
Recommended abolishing common law civil claim for criminal conversation and for harbouring a spouse, and abolishing civil claim for breach of a promise to marry
|
Draft Family Law Bill in Report
|
In part: Family Law Act 1981
|