Oireachtas Joint and Select Committees

Tuesday, 22 November 2022

Select Committee on Justice and Equality

Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 47:

In page 16, between lines 30 and 31, to insert the following:

“PART 9

COURTS AND COURT OFFICERS (CENTRALISED COURT OFFICES AND ELECTRONIC REGISTERS)

Interpretation (Part 9)

35. (1) In this Part— “centralised court office” means a court office designated under section 36;
“court office” has the same meaning as it has in section 13 of the Courts and Court

Officers Act 2009;

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“specified business”, in relation to a centralised court office, means business specified

by the Courts Service under subparagraph (i) or (ii) of subsection (2)(a) or subsection (3)(a)(i) of section 36 as business that may or shall be transacted in

that office.
(2) A reference in this Part to the variation of the specified business of a centralised court

office means—

(a) the specification of further business as such specified business, or

(b) the removal of the specification of such business.”.

This group of amendments is designed to facilitate the streaming and centralisation of court processes. Amendment No. 47 provides for interpretation provisions. Amendment No. 48 enables the Courts Service to designate any court office as a centralised office for the purpose of carrying out specified court business exclusively or in addition to a local office. Provision for varying or revoking the designation is also provided for and the Courts Service will be obliged to publish a notice inIris Oifigiúilas soon as may be after designation, variation or revocation under this section. Amendment No. 49 imposes an obligation on the Courts Service to consult with the Chief Justice or the presidents of the Court of Appeal, High Court, Circuit Court or District Court as appropriate where it is proposed to specify a centralised court office to discharge business of a court office within the Chief Justice's or the relevant presidents' jurisdiction. Amendment No. 50 provides for where a court officer or an office of the Courts Service has been designated a centralised court office, it would have the power to carry out the business of the court office of which it has been designated.

Amendments Nos. 51 and 52 converse functions of court office staff. Amendment No. 53 provides from transitional provisions, while amendment No. 54 provides immunity from suit against the Courts Service and its staff in respect of anything done or said in good faith in the course or performance of functions. Amendment No. 55 enables the chief executive of the Courts Service to direct that in a register maintained by the court office by under or in accordance with any enactment. Amendment No. 67 provides for a number of consequential amendments to the Courts Services Act 1998 in order to reference designated court offices. Amendment No. 77 makes a consequential amendment to the Long Title.

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