Charles Flanagan (Laois, Fine Gael) | Oireachtas source

This group of eight amendments, namely, amendment No. 1 and amendments Nos. 3 to 9, inclusive, all relate to the scope of the Bill. I acknowledge the contribution of my predecessor, the Tánaiste, Deputy Fitzgerald, on this legislation. I hope we can advance matters today and set a date for future progress also.

Following publication of the Bill and Second Stage discussions, my Department received a number of submissions on scope-related issues. It was felt by some that section 3 was so structured as to create an impression that the Bill would apply only to civil proceedings and not to disputes which had not reached the stage of proceedings. That, of course, is not the intention. My Department has held discussions with the Office of the Attorney General, the Courts Service and mediation groups, including the Mediators' Institute of Ireland, in an effort to find a wording that would ensure the Bill’s provisions would apply to disputes in the civil law arena. I believe we can reach accommodation on the issues raised by Deputy Daly in her amendment.

In amendment No. 3, I propose to replace the definition of proceedings in section 2 in order to remove the reference to section 3 and to make it clear that "proceedings" means "civil proceedings which can be instituted before a court". Using that phrasing will resolve the issue raised by Deputy Daly. In amendment No. 5, I propose to delete section 3(1), which specified that the Bill applied to any civil proceedings. The title of the section will be changed to "Scope" instead of "Application". In amendment No. 8, I propose to delete the words "any of the following".

The net effect of these amendments is to make it clearer that the Bill will apply to disputes as well as civil proceedings. I am aware that amendments Nos. 1, 4, 6 and 7, tabled by Deputies Daly and Wallace, are designed to bring about the same effect. I hope, subject to the agreement of the committee and of the two Deputies, that the amendments I have tabled will address adequately the issues they have raised.

As regards amendment No. 9, the position is that following further discussions with the Office of the Attorney General, it was accepted that the exclusion of proceedings before a tribunal under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, a commission under the Commissions of Investigation Act 2004, or a committee under the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, as provided for in section 3(2)(f), does not arise and, in the circumstances, might be removed.