Dáil debates
Tuesday, 23 May 2017
Other Questions
Law Reform Commission Reports
5:55 pm
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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48. To ask the Tánaiste and Minister for Justice and Equality her views on the Law Reform Commission's report, Consolidation and Reform of Aspects of the Law of Evidence, published earlier in 2017. [24339/17]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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In January, the Law Reform Commission, LRC, published its report on the consolidation and reform of the law of evidence. Does the Minister or her Department have proposals in respect of that report and does she intend to introduce legislation as suggested therein?
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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This report was published on 18 January and is under examination by my senior officials. As the Deputy probably knows, it contains an extensive draft Bill and is a substantial piece of work at more than 460 pages.
The law of evidence cuts right across the range of civil and criminal law and the stakes are high, not only in terms of ensuring that our evidence laws are effective, efficient and in keeping with people's rights and international developments, but also in the sense of ensuring that any change introduced is carefully considered in order to avoid as far as possible unforeseen adverse consequences.
The LRC report is a serious piece of work that needs examination and I welcome it. Obviously, it is the result of extensive research and expertise and follows a number of earlier LRC consultation papers that focused on categories of evidence law such as hearsay, expert evidence and electronic evidence. The report recommends the consolidation of statutory provisions and sets down an extensive set of specific reform recommendations. Some of the reforms seem to be straightforward and compelling. For example, it is recommended that we abolish the existing statutory requirements that a person who wishes to give evidence by affirmation as opposed to oath must also state that he or she does not have any religious belief. There are more fundamental recommendations. The report, not only with its 87 recommendations but also with the 110 sections of a draft Bill it includes, provides a sound and extensive basis for getting this work done and progressing towards the required legislation in this area. There is plenty of food for thought and much work for the justice committee. If the Deputy would like to bring to my attention any of its recommendations that he believes deserves priority consideration, he should please do so.
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I thank the Minister for her response. I tabled this question because the LRC's report, which was published last January, is extensive and contains many useful proposals on how the law of evidence could and should be reformed. It is important to note that this is not just an issue of interest to people operating in the courts. We want to make the laws of evidence more efficient so as to ensure that the courts can become more efficient in how they handle cases.
The Minister mentioned that a number of consultative papers had been published in advance. They dealt with issues such as expert evidence, documentary and electronic evidence, hearsay evidence and consolidation of the evidence Acts. In particular, we should consider the issue of expert evidence, which has become a significant part of all civil and certain criminal litigation. It is important that experts who are retained by any side in a criminal or civil trial be aware that their overriding duty is to the court as opposed to being hired guns for either side.
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I agree that how evidence is handled, tested and reconciled goes to the heart of court proceedings and the rights of litigants and accused persons. It has implications in terms of costs, the length of time taken in cases and efficiency in civil and criminal cases that are before the courts. I am conscious of those implications. I sponsored what became the Legal Services Regulation Act through the Houses in 2015. That Act contains a number of key provisions, which are being implemented at present, aimed at controlling legal costs and increasing transparency in that regard. The implementation of some of the recommendations of the LRC in terms of evidence is also likely to improve efficiencies and speed of processing of cases. It makes eminent sense to consider these recommendations favourably as part of the overall strategy to reduce costs for parties to litigation.
I have asked the civil and criminal law divisions of my Department to examine this report. It is substantial, though, and I do not want to mislead the Deputy by giving him an immediate timeframe, but we should start by examining it and analysing the proposals as soon as possible.
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I agree that this should not be rushed into, particularly as it will require careful consideration. However, we cannot just let the report sit there or make no proposals. One of the report's interesting proposals is the suggestion that the Minister for Justice and Equality should publish statutory codes of practice for expert witnesses. This needs to be considered. The Tánaiste has established a group to examine the reform of civil litigation and how it can be made more efficient under the chairmanship of the President of the High Court. Perhaps his group could also consider this matter.
It must be recognised that, in criminal prosecutions, evidence can take an inordinate length of time. We have seen many examples of this in the not-too-distant past. As opposed to trying to infringe upon the rights of any individual, we must seek to ensure that cases can be prosecuted with evidence being made admissible in a more efficient and fair manner.
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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This is an extensive report that contains many recommendations. If there are recommendations that can be taken forward speedily, they can be examined. When I get the first report on the matter, we will be in a position to decide. The work by Mr. Justice Peter Kelly's group is progressing and basic arrangements are being put in place. That will be useful and could be a place from which we will get recommendations on the points raised by the Deputy. If the Deputy believes that certain issues should be followed up on expeditiously, he should please get in contact with me and the Department.
Eugene Murphy (Roscommon-Galway, Fianna Fail)
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With co-operation from those on all sides, we will get through two further questions.