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REPORT
(LRC 97 - 2010)
CONSOLIDATION AND REFORM OF THE COURTS ACTS
The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commissions principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise the law.
This role is carried out primarily under a Programme of Law Reform. The Commissions Third Programme of Law Reform 2008-2014 was prepared and approved under the 1975 Act following broad consultation and discussion. The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. Since 2006, the Commissions role also includes two other areas of activity, Statute Law Restatement and the Legislation Directory. Statute Law Restatement involves incorporating all amendments to an Act into a single text, making legislation more accessible. The Legislation Directory (previously called the Chronological Tables of the Statutes) is a searchable guide to legislative changes.
+353 1 6377600 [email protected] www.lawreform.ie35-39 Shelbourne Road Dublin 4 IrelandADDRESS TELEPHONE FAX EMAIL WEBSITE
+353 1 6377601
The Law Reform Commission is a statutory body established by the Law Reform Commission Act 1975
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CON
SOLID
ATION
AND
REFO
RM
OF TH
E COU
RTS ACTS
REPO
RT
LRC
97 2010
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www.lawreform.ie
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REPORT
CONSOLIDATION AND REFORM OF THE COURTS ACTS
(LRC 97 - 2010)
COPYRIGHT
Law Reform Commission
FIRST PUBLISHED
November 2010
ISSN 1393-3132
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LAW REFORM COMMISSIONS ROLE
The Law Reform Commission is an independent statutory body established by the Law Reform
Commission Act 1975. The Commissions principal role is to keep the law under review and to make
proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise
the law. Since it was established, the Commission has published over 150 documents (Consultation
Papers and Reports) containing proposals for law reform and these are all available at www.lawreform.ie.
Most of these proposals have led to reforming legislation.
The Commissions role is carried out primarily under a Programme of Law Reform. Its Third Programme
of Law Reform 2008-2014 was prepared by the Commission following broad consultation and discussion.
In accordance with the 1975 Act, it was approved by the Government in December 2007 and placed
before both Houses of the Oireachtas. The Commission also works on specific matters referred to it by
the Attorney General under the 1975 Act. Since 2006, the Commissions role includes two other areas of
activity, Statute Law Restatement and the Legislation Directory.
Statute Law Restatement involves the administrative consolidation of all amendments to an Act into a
single text, making legislation more accessible. Under the Statute Law (Restatement) Act 2002, where
this text is certified by the Attorney General it can be relied on as evidence of the law in question. The
Legislation Directory - previously called the Chronological Tables of the Statutes - is a searchable
annotated guide to legislative changes. After the Commission took over responsibility for this important
resource, it decided to change the name to Legislation Directory to indicate its function more clearly.
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MEMBERSHIP
The Law Reform Commission consists of a President, one full-time Commissioner and three part-time
Commissioners.
The Commissioners at present are:
President:
The Hon Mrs Justice Catherine McGuinness
Former Judge of the Supreme Court
Full-time Commissioner:
Patricia T. Rickard-Clarke, Solicitor
Part-time Commissioner:
Professor Finbarr McAuley
Part-time Commissioner:
Marian Shanley, Solicitor
Part-time Commissioner:
The Hon Mr Justice Donal ODonnell, Judge of the Supreme Court
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LAW REFORM RESEARCH STAFF
Director of Research:
Raymond Byrne BCL, LLM (NUI), Barrister-at-Law
Legal Researchers:
Dannie Hanna BCL (NUI), LLM (Cantab)
Helen Kehoe BCL (Law with French Law) (NUI), LLM (Dub), Solicitor
Donna Lyons LLB (Dub), LLM (NYU)
Tara Murphy BCL (Law with French Law) (NUI), LLM (Essex), Barrister-at-Law
Jane OGrady BCL, LLB (NUI), LPC (College of Law)
Darelle OKeeffe LLB (UL), H Dip Soc Pol (NUI), EMA (EIUC)
Helen Whately LLB, LLM (Dub)
STATUTE LAW RESTATEMENT
Project Manager for Restatement:
Alma Clissmann, BA (Mod), LLB, Dip Eur Law (Bruges), Solicitor
Legal Researcher:
Andrew Glynn BBLS (NUI), LLM (Dub)
LEGISLATION DIRECTORY
Project Manager for Legislation Directory:
Heather Mahon LLB (ling. Ger.), M.Litt, Barrister-at-Law
Legal Researcher:
Aoife Clarke BA(Int.), LLB, LLM (NUI)
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ADMINISTRATION STAFF
Executive Officers:
Deirdre Bell
Simon Fallon
Legal Information Manager:
Conor Kennedy BA, H Dip LIS
Cataloguer:
Eithne Boland BA (Hons), HDip Ed, HDip LIS
Clerical Officers:
Ann Browne
Ann Byrne
Liam Dargan
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CONTACT DETAILS
Further information can be obtained from:
Law Reform Commission
35-39 Shelbourne Road
Ballsbridge
Dublin 4
Telephone:
+353 1 637 7600
Fax:
+353 1 637 7601
Email:
Website:
www.lawreform.ie
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ACKNOWLEDGEMENTS
The Commission wishes to record its particular thanks to the members of the Commissions Project
Board on the Consolidation and Reform of the Courts Acts. The Project Board was responsible for
preparing the draft Courts (Consolidation and Reform) Bill in Appendix A and the initial draft of this
Report. The Commission is especially conscious of the contribution of Sen Barton, Solicitor, McCann
FitzGerald, Solicitors, who was engaged as the drafting specialist for this project. In particular, he was
responsible for preparing and revising successive drafts of the draft Courts (Consolidation and Reform)
Bill, as well as related working papers, including a detailed audit of relevant pre-1922 Acts.
Project Board on Consolidation and Reform of the Courts Acts
Mrs. Justice Catherine McGuinness, President
Patricia T Rickard-Clarke, full-time Commissioner
Raymond Byrne, Director of Research
Sen Barton, Solicitor, McCann FitzGerald, Solicitors
Noel Rubotham, Director of Reform and Development, Courts Service
Brian ONeill, Assistant Principal Officer, Courts Policy Division, Department of Justice and Law Reform
Claire Bruton, Barrister at Law, acted as Secretary to the Project Board.
The Commission also wishes to thank sincerely the following, including members of the Commissions
Project Steering Group (who reviewed the draft Courts (Consolidation and Reform) Bill and the initial draft
of this Report) and those who made submissions to the Commission on the Consultation Paper on
Consolidation and Reform of the Courts Acts.
Robert Browne, Assistant Secretary General, Civil Law Reform Division, Department of Justice and Law
Reform
Professor Hilary Delany, School of Law, Trinity College Dublin
Mr Justice Hugh Geoghegan, former judge of the Supreme Court
Dithi Mac Crthaigh, Barrister at Law
Kieran Mooney, First Parliamentary Counsel, Office of the Attorney General
Ben Floinn, Barrister at Law
Samus Tuathail, Senior Counsel
Justin Sadlier, Solicitor
Irish Translators and Interpreters Association
Full responsibility for this publication lies, however, with the Commission.
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TABLE OF CONTENTS
INTRODUCTION 1
A Background 1 B Development of the Project 1 C Project management leading to the Report 2 D Scope of the Project and the Commissions
General Approach 3 E Phases in the Consolidation and Reform of the
Courts Acts 4 F General Principles relevant to the Draft Bill 4 G Outline of the Report 5
CHAPTER 1 THE GENERAL STRUCTURE OF THE DRAFT COURTS (CONSOLIDATION AND REFORM) BILL 7
A Introduction 7 B The core Courts Acts and the Draft Courts
Consolidation and Reform Bill 7 (1) Selection of the main post-1922 core Courts Acts 7 (2) Selection of the main pre-1922 core Courts Acts 8 (3) List of over 100 of the 240 Acts examined 8 (4) The need for a consolidated Courts Act 11
C The current courts and the root title of their jurisdiction 12
D Structure of the Courts (Consolidation and Reform) Bill 13 (1) Included and excluded provisions in the draft Bill 13 (2) Overall scope and structure of the draft Bill 14 (3) The courts included in the draft Bill 16 (4) The use of a general objects clause and part-
specific content clauses 17 (5) Maximising the consolidation process 17 (6) Future-pro