The Gazette 1975

Law Reform Commission Bill 1975

Oireachtas. Service as a Commissioner will be deemed practice at the Bar or practice as a solicitor for the purpose of judicial appointment. Senator Eoin Ryan welcomed the Bill and said: He was pleased that the maximum consultation with all who could help including academics would take place with those interested in Law Reform. He was glad that Consolidation was playing an important part in law reform; its values cannot be overstressed. If, as a result of a Supreme * Court decision or Community legislation, the law required to be amended, he hoped it would be undertaken quickly. He hoped that rules in regard to the way in which the drafting of bills would be introduced would be adhered to. It would be useful at the end of Ac ts to set out a Schedule of Acts which have been amended or repealed by the new legislation. Senator Alexis Fitzgerald in welcoming the Bill said: Our record with regard to Law Reform was deplorable. For instance the 1972 Report and Draft Bill of the Bankruptcy Law Committee, which took 10 years to complete, has not yet been implemented. The Committee on Court Practice and Procedure has pre- sented 19 Reports, of which only 3 have been adopted. Such matters as the service of court documents by post, a sweeping re-organisation of the District and Circuit Courts, an extension of on-the-spot fines, etc., have been put on the long finger. Apart from that, there is the Kennedy Report on Juvenile Offenders and the National Consumer Advisory Council Report. Different Ministers for Justice as Ministers of the Interior have been too fully engrossed with security problems to bother about Law Reform. Because the Community was dealing with Harmonisation of Bankruptcy Law, the reform of Bankruptcy law has been unnecessarily delayed. The Attorney General is to be commended for seeking the aid of sociologists, psychologists and economists, as well as lawyers. The law should be amended to enable a person, who only knows he is injured after the limitation period has expired, to sue. Senator Brian Lenehan in welcoming the Bill said: There are many reports on aspects of Law Reform in the archives of the Department of Justice which he hoped would be transferred to the Commission. He hoped that most of the Reports of the Committee on Court Practice and Procedure could be put into effect rapidly. Before embarking on new measures of law reform, the Commission should endeavour to have enacted the draft measures that are already available. He hoped the Commission would publish with their recommendations uncontroversial draft bills which could be rapidly enacted into law. Senator Professor Mary Robinson in welcoming the bill said: She blamed not only the lawyers for the little interest they had taken in Law Reform but also the University Law Schools. She commended the com- prehensive analysis of law reform contained in Farrar's "Law Reform and the Law Comission", recently pub- lished. She commended the Commission for having power to draw up programmes of Law Reform, and 164

All stages of this Bill were taken in the Seanad on 10th April, 1975. The Attorney General (Mr. Declan Costello, S.C.) in introducing the second stage, made the following points:— (1) He was glad that Standing Orders had been amended to enable the Attorney-General to speak in the Seanad. (2) The Law Reform Commission contemplated by this bill will be a permanent independent body which will prepare from time to time programmes of Law Reform and will arrange to carry out the necessary research; it may also consider specific points of law which may be referred to it from time to time. It will have freedom to regulate its own procedures, and will probably establish working parties to prepare reports, and will circulate consultative documents. This con- sultation process will help to ensure wide and rapid acceptance of its procedures, and the inclusion of draft Bills in its reports will aleviate unnecessary delays. Unlike other Commissions established by various Governments, this permanent Commission will ensure that measures of Law Reform will be enacted in the shortest possible time. (3) Many aspects of our law relating to the Family, to Landlord and Tenant, to the relationship of Master and Employee, the law of Torts and to the Criminal Law require urgent reform. This Commission is similar to those established by the English Act of 1965, the Canadian Act of 1971 and the Australian Act of 1973. It is hoped that persons with special knowledge and experience will serve on Committees. Law reform entails not only updating or amending laws but also modifications and consolidation. This Act will by order be established as soon as the Government have appointed the 5 Commissioners. To be appointed a Commississioner, a person must normally be an experienced Judge, barrister, solicitor or academic lawyer. If he can be of assistance, a non-lawyer can be appointed. If a Judge is appointed a Commissioner he does not thereby cease to be a Judge, but, while he is a Law Commissioner a qualified person may be appointed as Judge in his place. Normally the Com- mission will be appointed for 5 years, but the.detailed length of appointment and the terms and conditions of appointment are not set out but have to be approved by the Minister for the Public Service. (4) The Commission has the general responsibility of keeping the law under review, which ensures a systematic approach to law reform, and in particular which priorities are necessary. Programmes are to be drawn up in consultation with the Attorney-General as the Law Officer of the Government. The grants to be paid every year to the Commission will be such amounts as the Minister for Finance, on the recom- mendation of the Attorney General, may consider necessary. The staff of the Commission, including pa:t- time, will be appointed directly by it. The super- annuation provisions of the members of the Com- mission are the customary ones attached to such posts, and Section 13 specifically forbids a member of the Commission from being a member of the