Table of Implementation (updated March 2021)

Report Title Summary of Recommendations Draft Legislation, if applicable, in Report Information on Implementation

Report on Capping Damages in Personal Injuries Actions LRC 126-2020

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.

Not applicable.

Department of Justice Action Plan 2021, item 90: Report to be reviewed in context of reform of insurance sector.

Report on Accessibility of Legislation in the Digital Age LRC 125-2020

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. 

Draft Scheme of Accessibility and Online Consolidation of Legislation Bill in Report.

 

Discussion Paper on Domestic Implementation of International Obligations LRC 124-2020

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.

Department of Justice Action Plan 2021, item 163: Bill to implement OP-CAT to be published.

Report on Suspended Sentences LRC 123-2020

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.

Not applicable: guiding principles for suspended sentences in Report

In part: Department of Justice Action Plan 2021, item 58: Children (Amendment) Bill to consider alternatives to suspended sentences for child offenders.

Report on Knowledge or Belief Concerning Consent in Rape Law LRC 122-2019

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.

Draft Criminal Law (Rape)(Amendment) Bill

Department of Justice Action Plan 2021, item 129: Sexual Offences Bill to include reform of reasonable belief as to consent.

Report on Privilege for Reports of Court Proceedings under the Defamation Act 2009 LRC 121-2019

 

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.

 

 

Draft Defamation (Amendment) Bill in Report

Department of Justice Action Plan 2021, item 100: Scheme of Defamation (Amendment) Bill to be prepared.

Report on the Fifth Programme of Law Reform LRC 120-2019

Contains content of Fifth Programme of Law Reform

Not applicable

Government approved Fifth Programme on 20th March 2019 in accordance with Law Reform Commission Act 1975.

Report on Regulatory Powers and Corporate Offences LRC 119-2018

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 administrativefinancial 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 isheld 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.

Four Draft Schemes of Bills in Report:

1. Scheme of Corporate Crime Agency Bill.
2. Scheme of  Regulatory Powers Bill.
3. Scheme of  Corporate Criminal Liability Bill.
4. Scheme of Criminal Justice (Theft and Fraud Offences) (Amendment) Bill.

In part: (a) Department of Justice Action Plan 2021, item 15 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; and amendment of fraud offences to address egregiously reckless behaviour; (b) Government’s Revised General Scheme of the Online Safety and Media Regulation Bill (December 2020) applied recommendations on core regulatory powers.

Report on Section 117 of the Succession Act 1965: Aspects of Provision for Children LRC 118-2017

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.

Draft Succession (Amendment) Bill in Report.

 

Report on Consolidation and Reform of Aspects of the Law of Evidence LRC 117-2016 

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).

Draft Evidence (Consolidation and Reform) Bill in Report

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.

Report on Harmful Communications and Digital Safety LRC 116-2016 

 

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.

Draft Harmful Communications and Digital Safety Bill in Report

(a) Harassment, Harmful Communications and Related Offences Act 2020.

(b) Government published Revised General Scheme of the Online Safety and Media Regulation Bill (December 2020)

Report on Search Warrants and Bench Warrants LRC 115-2015 

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.

Draft Criminal Justice (Search Warrants) Bill in Report

Department of Justice Action Plan 2021, item 11: General Scheme of Bill to codify police powers of search, arrest and detention to be published

Report on Prevention of Benefit from Homicide LRC 114-2015 

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).

Draft Civil Liability (Amendment) (Prevention of Benefit from Homicide) Bill in Report

Part 5 (Heads 41 to 48) of Department of Justice General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill 2017.

Report on Consumer Insurance Contracts LRC 113-2015 

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. 

Draft Consumer Insurance Contracts Bill in Report

Consumer Insurance Contracts Act 2019. 

 

Report on Disclosure and Discovery in Criminal Cases LRC 112-2014

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.

Draft Criminal Procedure (Disclosure) Bill contained in Report

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 Bill 2021

Report on Aspects of Domestic Violence LRC 111-2013

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)

Not applicable

(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

Report on Fourth Programme of Law Reform LRC 110-2013

Contains content of Fourth Programme of Law Reform
 

Not applicable

Government approved Fourth Programme on 8 October 2013 in accordance with Law Reform Commission Act 1975.

Report on Sexual Offences and Capacity to Consent LRC 109-2013

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.

Draft Criminal Law (Sexual Offences and Capacity to Consent) Bill in Report

(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.

Report on Mandatory Sentences LRC 108-2013

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

Draft legislative text on recommendation of specific minimum term in murder cases, and list of provisions to be repealed, in Report

 

(a) Judicial Council Act 2019, section 21: Ministerial review of mandatory minimum sentences within 2 years;

(b) Criminal Justice (Amendment) Bill 2021 (repeal of mandatory minimum sentences).

Report on Jury Service LRC 107-2013

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

Draft Juries Bill in Report

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 Bill 2021 (information for juries); (c) remainder of Report: Government established Working Group on Juries, April 2018.

Report on Civil Law Aspects of Missing Persons LRC 106-2013

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)

Draft Civil Law (Missing Persons) Bill in Report

In part: Civil Law (Presumption of Death) Act 2019 (presumption of death orders).

Report on Legal Aspects of Professional Home Care LRC 105-2011

Recommended statutory regulation of professional home care services by Health Information and Quality Authority (HIQA)

Draft Health (Professional Home Care) Bill in Report

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).

Report on Limitation of Actions LRC 104-2011

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.

Draft Limitations Bill in Report

 

Report on Children and the Law: Medical Treatment LRC 103-2011

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.

Draft Health (Children and Consent to Health Care Treatment) Bill in Report

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).

Report on Legislation Directory LRC 102-2010

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.

 Not applicable

Commission continues to update Legislation Directory and enhance its content; and to prepare Revised Acts (400 Revised Acts being maintained in 2021) 

Report on Legal Aspects of Family Relationships LRC 101-2010

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.

Draft Children and Parental Responsibility Bill in Report

Children and Family Relationships Act 2015, Part 4

Report on Personal Debt Management and Debt Enforcement LRC 100-2010

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.

Draft Personal Insolvency Bill and draft Heads of Bill to amend Bankruptcy Act 1988 in Report

(a) Personal Insolvency Act 2012;

(b) Civil Debt (Procedures) Act 2015

Report on Inchoate Offences LRC 99-2010

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.  

 

 

Draft Criminal Law (Inchoate Offences) Bill in Report

Incorporated into Programme of Work of Criminal Law Codification Advisory Committee: see www.criminalcode.ie

Report on Alternative Dispute Resolution: Mediation and Conciliation LRC 98-2010

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. 

Draft Mediation and Conciliation Bill in Report

Mediation Act 2017

Report on Consolidation and Reform of the Courts Acts LRC 97-2010

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.

Draft Courts (Consolidation and Reform) Bill in Report.

In part: Report of the Review of the Administration of Civil Justice (2020) recommended implementing judicial case management and drafting Rules of Court in plain language.

Interim Report on Personal Debt Management and Debt Enforcement LRC 96-2010

Contains 14-Point Action Plan of Initiatives Agreed by Commission with Working Group on Personal Debt

Draft Rules of Court on Pre-Action Protocol for Personal Debt Claims in Report

(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

 

Report on Defences in Criminal Law LRC 95-2009

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.

Draft Criminal Law (Defences) Bill in Report

In part (legitimate defence in dwelling): Criminal Law (Defence and the Dwelling) Act 2011

Report on Bioethics: Advance Care Directives LRC 94-2009

Recommended legislative framework for advance care directives involving refusal of medical treatment, to form part of mental capacity law

Draft Mental Capacity (Advance Care Directives) Bill in Report

Part 8 (ss.82 to 93) of Assisted Decision-Making (Capacity) Act 2015

Report on Civil Liability of Good Samaritans and Volunteers LRC 93-2009

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

Draft Civil Liability (Good Samaritans and Volunteers) Bill in Report

Part 4A (ss.51A to 51G) of Civil Liability Act 1961, inserted by Part 3 (s.4) of Civil Law (Miscellaneous Provisions) Act 2011

Report on Trust Law: General Proposals LRC 92-2008

Recommended reform of law on duties and powers of trustees, including replacement of Trustee Act 1893 with consolidated and reformed Act

Draft Trustee Bill in Report

Government Legislation Programme Autumn Session 2015: Trusts Bill to be published (Section C) 

Report on Statute Law Restatement LRC 91-2008

Set out First Programme of Statute Law Restatement 2008-2009 (administrative consolidation of over 40 Acts)

First Programme of Statute Law Restatement 2008-2009 in Report

Revised Acts published on Commission website

Report on Multi-Unit Developments LRC 90-2008

Recommended reform to protect rights and interests of parties, including reform of law on owners' management companies

Draft Multi-Unit Developments Bill in Report

Multi-Unit Developments Act 2011 

Report on Aspects of Intercountry Adoption Law LRC 89-2008

Reiterated recommendation in LRC 58-1998 to implement Hague Convention; recommended amendment of Child Care Act 1991 concerning post-adoption services 

Recommendation to amend section 6 of Child Care Act 1991 to include post-adoption counselling for intercountry adoption 

Adoption Act 2010 

Report on Privity of Contract and Third Party Rights LRC 88-2008 

Recommended reform of contractual privity rules, allowing rights for third parties envisaged in the contract (subject to express opt-out).

Draft Contract Law (Privity of Contract and Third Party Rights) Bill in Report 

 

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

Contains content of Third Programme of Law Reform 2008-2014 

Not applicable

Government approved Third Programme on 12 December 2007 in accordance with Law Reform Commission Act 1975 

Report on General Law of Landlord and Tenant LRC 85-2007

Recommended consolidating Landlord and Tenant Acts, including Deasy's Act 1860 and Landlord and Tenants Acts 1980 to 1984 

Draft Landlord and Tenant Bill in Report

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

Report on Spent Convictions LRC 84-2007

Recommended some offences should be regarded as spent for certain purposes, including employment 

Draft Spent Convictions Bill in Report

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

Report on Vulnerable Adults and the Law LRC 83-2006

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

Draft Mental Capacity Bill in Report 

Assisted Decision-Making (Capacity) Act 2015

Report on Rights and Duties of Cohabitants LRC 82-2006 

Recommended reform to allow cohabitant agreements, to confer certain entitlements on cohabitants and allow application to court for relief for certain qualified cohabitants

Draft Cohabitation Bill in Report 

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Part 15 deals with Cohabitants)

Report on Prosecution Appeals and Pre-Trial Hearings LRC 81-2006

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).

 Not applicable (recommended "without prejudice" prosecution appeal introduced in Criminal Justice Act 2006)

Criminal Justice Act 2006 ss.21 to 24 

Report on Charitable Trusts and Legal Structures for Charities LRC 80-2006

Recommended reform of duties of charity trustees and new legal structure for charities, Charitable Incorporated Organisation (CIO)

Draft Charities (Charitable Incorporated Organisation) Bill in Report 

Charities Act 2009 (in part: duties of charity trustees) 

Report on eConveyancing: Modelling of the Irish Conveyancing System LRC 79-2006 

Recommended establishing eConveyancing Group to set out roadmap and recommendation to Government 

Not applicable

eConveyancing Steering Group established by Law Society of Ireland.

Report on the Establishment of a DNA Database LRC 78-2005 

Recommended limited DNA Database, including: retaining DNA profiles of convicted persons only

Draft Criminal Justice (DNA Database) Bill in Report 

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

Report on Corporate Killing LRC 77-2005

Recommended offence of corporate killing and associated individual offence

Draft Corporate Manslaughter Bill in Report

Regulatory Impact Analysis to be published by Department of Justice and Equality

Report on Multi-Party Litigation LRC 76-2005

Recommended Multi-Party Litigation procedure in Rules of Court

Draft Rules of the Superior Courts (Multi-Party Actions) and draft Civil Legal Aid (Amendment) Bill in Report 

Multi-Party Actions Bill 2017 (PMB) passed Second Stage Dáil Éireann 16 November 2017; Government requested Working Group on Review of the Administration of Civil Justice (chair: President of High Court) to examine introduction of multi-party litigation procedure: see also LRC 97-2010.

Report on the Court Poor Box: Probation of Offenders LRC 75-2005

Recommended replacement of court poor box and updating of Probation of Offenders Act 1907 

Draft Probation of Offenders Bill in Report

Scheme of Criminal Justice (Community Sanctions) Bill published by Department of Justice and Equality (February 2014); Department of Justice Action Plan 2021, item 152: Criminal Justice (Community Sanctions Bill to be published. 

Report on Reform and Modernisation of Land Law and Conveyancing Law LRC 74-2005

Recommended reform and modernisation of over 150 pre-1922 Acts on land law and conveyancing law

Draft Land and Conveyancing Bill in Report

Land and Conveyancing Law Reform Act 2009

Report on Public Inquiries including Tribunals of Inquiry LRC 73-2005

Recommended consolidating and reforming Tribunals of Inquiry (Evidence) Acts 1921 to 2004

Draft Tribunals of Inquiry Bill in Report

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.

Report on a Fiscal Prosecutor and a Revenue Court LRC 72-2004

Recommended changes to Taxes Acts (appeals process from Revenue penalties: reform of Appeals Commissioners processes; threshold for publication of tax defaulters)

Draft Taxes (Miscellaneous Provisions) Bill in Report 

Finance (Tax Appeals Act 2015;

Finance Act 2005 (threshold for publication of tax defaulters);

Finance (No. 2) Act 2008 (appeals process from Revenue penalties).

Report on Judicial Review Procedure LRC 71-2004

Recommended changes to Rules of court on judicial review; Illegal Immigrants (Trafficking) Act 2000 and making of various Practice Directions

Draft amended Order 84 of Rules of the Superior Courts and draft amended section 5 of Illegal Immigrants (Trafficking) Act 2000 in Report

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)

Report on Land Law and Conveyancing Law: (7) Positive Covenants over Freehold Land and Other Proposals LRC 70-2003

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 Penalties for Minor Offences LRC 69-2003

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

Draft legislative provisions in Report 

Fines Act 2010; limit to imprisonment power of District Court implemented administratively by Office of Parliamentary Counsel to Government.

Report on the Deductibility of Collateral Benefits from Awards of Damages LRC 68-2002

Recommended reform of statutory rules on what can be deducted from compensation awards

Draft legislative provision in Report

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 

Report on Title by Adverse Possession of Land LRC 67-2002

Recommended clarifying scope of title of person in adverse possession and statutory conveyance of title

Draft Title by Adverse Possession Bill in Report 

Postponed in view of ECtHR decision in Pye (Oxford) case (2007) 

Adverse possession included in Fifth Programme of Law Reform, Project 15.

Report on the Acquisition of Easements by Prescription and Profits à Prendre LRC 66-2002

Recommended new statutory scheme and repeal of Prescription Act 1832 

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 Indexation of Fines: A Review of Developments LRC 65-2002 

Recommended implementing indexation of "fines" system in Report on Indexation of Fines LRC 37-1991: see below

Draft legislative provisions in Report on Indexation of Fines LRC 37-1991: see below

Fines Act 2010

Report on the Statutes of Limitations: Claims in Contract and Tort in Respect of Latent Damage (Other than Personal Injury) LRC 64-2001 

Recommended that limitation period should begin when person first know or should have known of relevant factors

Draft Statute of Limitations (Amendment) Bill in Report

Incorporated into Third Programme of Law Reform 2008-2014 (Project 4: see now LRC 104-2011)

Report on the Variation of Trusts LRC 63- 2000

Recommended courts should have power to vary terms of trusts

Draft Variation of Trusts Bill in Report

Land and Conveyancing Law Reform Act 2009 

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 

 

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

Occupiers' Liability Act 1995 

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);

Government Legislation Programme Spring Session 2021: Consumer Rights Bill to be published

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

Defamation Act 2009 

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

In part: approved in report of Sales Law Review Group (2011);

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