Marc Ó Cathasaigh (Waterford, Green Party)
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I will have to ask the Minister to adjourn the debate at 7.20 p.m.

Helen McEntee (Meath East, Fine Gael)
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I move: "That the Bill be now read a Second Time."

I welcome the opportunity to introduce the Courts and Civil Law (Miscellaneous Provisions) Bill 2022. The Bill introduces a number of important reforms in the law across a broad range of areas. These amendments reach across many aspects of people's lives and have the potential to make a real difference. These include court-related amendments that will facilitate centralisation and automation of certain court offices and processes. This is part of a suite of measures that my Department continues to introduce which will improve access to justice and modernise our courts system. The Bill also includes amendments across a diverse range of areas, including bankruptcy, Irish nationality and citizenship, international protection, immigration, legal services, civil legal aid and the Judicial Council. The amendments proposed by this Bill will have a positive impact on citizens, assist in making our courts and legal services more accessible, update the civil justice legal framework and further modernise and reform key areas of our civil law.

I would also like to indicate to the House that I intend to bring forward amendments on Committee Stage to the Occupiers' Liability Act 1995 in line with the Government policy objective of restricting the liability of occupiers. There is a shared determination across the Government to remove the impediment that high insurance costs have on our economy and communities - on community groups, organisers of community events and small businesses. I believe the proposals I intend to bring forward will strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of personal responsibility on the part of customers and members of the public.

I also intend to introduce a number of other amendments to this Bill on Committee Stage. I intend to propose amendments in areas including data protection and citizenship, as well as measures streamlining internal procedures in the probate process, cost orders and civil liability, and further amendments in regard to bankruptcy and arbitration. I will provide further information on these important proposed amendments shortly.

The Bill before the House today comprises 35 sections laid out across nine parts. I will highlight the main provisions of the Bill. Turning to Part 2, which covers amendments to the Irish Nationality and Citizenship Act, these will enable certificates of nationality issued by the Minister for Justice to be authenticated by the signature of an authorised officer of the Minister, instead of requiring the ministerial seal to be attached to the certificate in every case. This will lead to a more efficient and streamlined process.

Part 3 contains amendments to the Bankruptcy Act 1988. These changes are designed to further modernise and streamline the bankruptcy process and to reduce unnecessary costs and delays for debtors, creditors, the High Court and, in effect, for taxpayers. Modern bankruptcy is very different from its Victorian predecessor. Important reforms, culminating in the Bankruptcy (Amendment) Act 2015, have reduced the normal duration of bankruptcy to one year, though the court can extend this if the debtor is not co-operating with the bankruptcy process or tries to conceal certain assets. This shorter timeframe benefits both creditors and debtors. Creditors receive a return much more promptly, as far as the debtor's means permit. Debtors can return more rapidly to normal economic participation and, indeed, most bankruptcies are now initiated by the debtors themselves.

These major reforms make it even more important to ensure that bankruptcy procedures support a thorough assessment and efficient administration of bankruptcy estates. For example, the amendments in Part 3 of the Bill include: allowing for the appointment of a second bankruptcy inspector, if needed - this is a prudent amendment, given the complexity of some bankruptcy cases and current economic uncertainties; removing outdated and expensive requirements for bankruptcy notices to be published in a national newspaper, as well as on a dedicated website; empowering the official assignee to check that the debtor's financial statements to the High Court are complete and accurate before the debtor is adjudicated bankrupt; and ensuring that if the court directs a debtor to make payments to creditors from his or her surplus income, then delaying tactics by the debtor do not have the effect of reducing the number of payments that creditors can receive in practice.

Part 4 amends the Civil Liability and Courts Act 2004. These amendments primarily deal with provisions in regard to the transfer and use of certain court funds. This includes a provision allowing the Chief Justice to order dormant accounts funds of the Circuit Court and District Court to be encashed every five years. These moneys were lodged into the court office as a result of proceedings in civil matters, and which subsequently were not claimed by the litigants after a number of years, following efforts by the Courts Service to return the moneys to the appropriate people. This part includes other amendments which allow, subject to the consent of the Minister for Public Expenditure and Reform, proceeds of the dormant accounts of the courts to be used for the provision, management and maintenance of court buildings, the courts and the Courts Service's ICT facilities. A final provision will allow the inclusion of the dormant funds of the Circuit Court and the District Court in the register of funds maintained by the accountant of the Courts of Justice and allow for details of the various proceedings to which these funds relate to be recorded in that register.

In Part 5, amendments to the Legal Services Regulation Act 2015 provide for the commencement of the section of the Act allowing for the introduction of legal partnerships. This is an important step which will enable partnerships between solicitors and barristers or between barristers and other barristers. The introduction of legal partnerships is a key development in the modernisation of how legal services can be provided to consumers, private or enterprise, on a more competitive basis.

Part 6 amends the International Protection Act 2015. The amendments include provisions for the service of notices and documents by electronic means, and extension to the timeframe for which voluntary returns to country of origin may be confirmed from five days to 30 days.

Other amendments relate to a decision of the Circuit Court where an appeal of a revocation of a refugee or subsidiary protection declaration may be appealed to the High Court on a point of law.

Finally in this Part is an amendment to increase from three to five years the term of office of the members of the International Protection Appeals Tribunal. This will give effect to recommendation No. 3.9 of the report of the advisory group on the provision of support, including accommodation, to persons in the international protection process, which is more commonly known as the Dr. Catherine Day advisory group report.