Seanad debates

Thursday, 30 June 2011

Civil Law (Miscellaneous Provisions) Bill 2011: Second Stage

 

11:00 am

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

The Senator will notice that I occasionally go off script, but on this Bill I have not done so.

It was my belief that both organisations truly had as an objective the encouragement of social responsibility in the sale and consumption of alcohol. The announcement made is open to the interpretation that they no longer support this important objective. It would be most unfortunate if that were the case. I urge both organisations, in the public interest, to reconsider their decision.

The Bill, in Part 6, provides for a small number of amendments to the Equality Acts which are intended to improve the efficiency of the Equality Tribunal in handling complaints and to take into account legal decisions at national and EU level. The amendments provide for the following changes: the tribunal may, where appropriate and where neither the complainant nor the respondents object, deal with cases on the basis of written submissions alone; the tribunal may state a case to the High Court and avoid further litigation by way of appeal; in situations where mediation has failed, the deadline for application for resumption of the hearing is extended; and the maximum amount that may be awarded in employment equality cases is increased to two years' remuneration or €40,000, whichever is greater, to provide for greater redress for applicants in low-paid employment. This is designed to align the text of national law more closely with EU equality directives.

The Coroners Bill 2007 is before the Seanad, having been restored to the Order Paper on my initiative. The Bill is in the course of being reviewed in my Department with a view, among other things, to making it as cost-effective as possible. In the meantime, in Part 9 I am providing for some early reform of the coroner system to allow for the amalgamation of districts in Dublin and certain other matters with regard to the filling of a vacancy of the office of coroner or deputy coroner.

Part 10 will for provide for a flexible system of fees for citizenship applications. Part 11 is intended to remedy the situation, following the High Court ruling on 25 March 2011 in the case of Dokie v. DPP, the Human Rights Commission, Ireland and the Attorney General, in which section 12 of the Immigration Act 2004 is inconsistent with the Constitution. It also provides for a flexible system of fees for certain immigration services.

Part 15 proposes several miscellaneous improvements of the civil law. The Bill amends the Domestic Violence Act 1996 so that a parent may now apply for a safety order against the other parent of his or her child even where the parents do not live together or have never lived together. This ensures that the full protection of the law is available where access to a child is an occasion of intimidation or even violence between disputing parents. Other amendments to the Domestic Violence Act mean that the protection of the Act is available on the same basis to unmarried opposite-sex couples and same-sex couples who have not registered a civil partnership. In addition, couples will no longer be required to have lived together for a minimum period before one of them can obtain a safety order. In line with a commitment in the programme for Government, I have asked my Department to develop proposals for a stand-alone Bill to further amend the law on domestic violence and to include all domestic violence legislation in one consolidated statute.

The Personal Injuries Assessment Board Act 2003 is amended in Part 15 so that it applies to any applicable limitation period, including the limitation periods set under the Civil Liability Act 1961. The amendment will also provide that the Personal Injuries Assessment Board Act shall not apply to a civil action involving personal injuries sustained by a person on board a vessel at sea, or a passenger on board an aircraft operated by or on behalf of an air carrier. I have included the amendments in the Bill at the request of the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton.

Section 7 of the Official Languages Act 2003, which came into force in July 2006, provides for the printing and publication of Acts of the Oireachtas in both official languages simultaneously. The amendment in Part 15 will allow the publication in electronic format of Acts of the Oireachtas in advance of their printing and publication in both official languages. This will ensure that a version of the Act is available to the public pending the official translation. The practical reality is that translations take a few weeks and sometimes longer to publish. The amendment will help avoid the risk of a challenge from somebody whose rights are affected by a Bill which is not readily accessible. More importantly, it will ensure that all interested persons will be in a position to access an official text of an Act as soon as it is passed by both Houses of the Oireachtas. I have included the amendments in the Bill at the request of the Minister for Arts, Heritage and the Gaeltacht, Deputy Jimmy Deenihan.

Part 15 also makes amendments to the Second Schedule of the Courts and Court Officers Act 1995 to make provision for a number of functions to be undertaken by county registrars with a view to optimising resources and value for money. The amendments will empower registrars to do the following: waive notice periods for intention to marry or enter a civil partnership; make orders in certain circumstances relating to notice of applications to appoint care representatives for persons lacking mental capacity, a function which was conferred on them under section 22 of the Nursing Home Support Scheme Act 2009; enlarge or abridge the time for service of documents or the carrying out of any act; and make orders enabling titles to land to pass from deceased owners to the successors in title.

Inevitably for a Bill of this kind, the addition of some further measures is being contemplated, and if these are ready in time I may seek the further co-operation of Senators in their inclusion. These will, if possible, concern the transfer of responsibility for the provision of legal aid for persons involved with a mental health tribunal to the Legal Aid Board, which will help the Legal Aid Board to promote mediation; certain improvements and efficiencies in courts procedures; other amendments to equality legislation; and a number of other minor amendments.

As Members of the House will see, this is a broad-ranging Bill which addresses a considerable number of areas of our law. In their individual context, each of the measures in this Bill is of real importance and, in some areas, genuine urgency. With the assistance of this and the other House, I have the optimistic objective of having this Bill enacted before both Houses are in recess at the end of July. I thank Senators for facilitating us in moving that Second Stage be taken today and allowing us to address the many important issues I have outlined. I look forward to hearing their comments and observations on the substance of the Bill and any suggestions they may have for its improvement.

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