Seanad debates

Thursday, 27 April 2023

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

 

9:30 am

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit agus fáiltím go bhfuil an seal againn an reachtaíocht thábhachtach a phlé anseo inniu. Although the Bill is mostly administrative, as colleagues and the Minister of State have stated, there are several important elements to it that are helpful in the context of creating a fair and just society. It is welcome that the Bill omits the earlier provisions which were cruel for Irish-born children who were locked out of citizenship and faced deportation to countries they never knew. That threat has now been lifted and that is good. The Government needs to introduce legislation in that area soon.

The amendments to the Judicial Council Act are also welcome. The independence of the Judiciary must be preserved alongside misconduct and other issues being addressed. The Minister of State has heard the remarks of Senators regarding the serious concerns in respect of court delays and backlogs. The Government's ongoing review of this needs to report soon.

Bankruptcy law and the personal insolvency practitioner, PIP, system will become more relevant as the cost-of-living crisis deepens, with many people unable to make ends meet and in need of those services going forward. As regards the prospect of evictions, the offence of obstructing the sheriff needs to be teased out further and I hope we will have the opportunity to do so. With a high number of evictions and repossessions, we do not wish to see people evicted from their homes by private security firms under the supervision of An Garda Síochána, as has occurred on several occasions recently. The changes to the Bankruptcy Act 1988, which cover a statement of affairs and distribution of estate and income as well as payment agreements, including by way of addressing several issues that have been identified by the official assignee in bankruptcy, seem largely in order but will have to be explored further on Committee Stage.

The changes to the Civil Liability and Courts Act 2004 cater for the realisation of dormant funds, as can currently happen in the High Court. The changes will also allow for the realisation of dormant funds of the Circuit Court and District Court. The amendment to the Judicial Council Act 2019 covers circumstances in which a judge who sits on the council is the subject of a complaint. There are several changes, which might loosely be called technical or miscellaneous, to a range of Acts. Those changes are designed to ensure the Courts Service runs more smoothly and is modernised.

Sinn Féin will be supporting the Bill, subject, as always, to developments on Committee Stage. We have a number of worthwhile observations. Other colleagues have expressed their views on the legislation going forward. I am sure that, as always, we can work with officials and Members across the House to ensure we make the legislation as robust as it needs to be. I apologise to the Minister of State as I have to leave the Chamber to attend a committee meeting and will not be here for his closing remarks. I will, however, read his remarks when they are published in the Official Report.

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