Written answers

Thursday, 17 April 2008

Department of Justice, Equality and Law Reform

Proposed Legislation

5:00 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Question 18: To ask the Minister for Justice, Equality and Law Reform when he expects the Government's promised legislation on same sex unions will be published; the reason the heads of the Bill have not been published, despite undertakings given in October 2007 that this would be done by the end of March 2008; and if he will make a statement on the matter. [14062/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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My proposals for the Scheme of a Civil Partnership Bill were circulated to Government Departments on 14 March, 2008, and are at present the subject of consultations with the relevant Departments and the Attorney General. They will shortly be formally submitted to Government after which the Scheme of the Bill will be published.

I stated in the Dáil on 31 October, 2007, that I would bring forward proposals for a Scheme of a Bill at the end of March 2008 and I have met that deadline.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Question 19: To ask the Minister for Justice, Equality and Law Reform when he expects to publish the promised Property Services Regulatory Authority Bill; if the Bill will include provisions to regulate the operation of management companies; and if he will make a statement on the matter. [14055/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The Government Legislative Programme published on 1 April 2008 provides for publication of the Property Services Regulatory Authority Bill during the current Dail session.

The position regarding property management companies is that the Law Reform Commission published a Consultation Paper on Multi-Unit Developments in December 2006 which identified problems relating to the structure and governance of property management companies and the manner in which company law currently applies to them.

The Law Reform Commission has indicated that it will publish, as soon as possible, its Report on Multi-Unit Developments which, following an extensive consultation process, will contain definitive reform proposals concerning the regulation and governance of property management companies. The Government has already directed that early action be taken by the relevant Departments to address the Commission's recommendations; the types of action to be taken will, of course, be dependent on the form that the recommendations take.

A high-level interdepartmental committee, under the chairmanship of my Department, comprising representatives of relevant Departments and Offices has been established to assist in the development of a coherent and comprehensive response to the problems arising in relation to multi-unit developments. A key task of this committee will be to identify the legislative and other actions to be taken in response to the Commission's reform recommendations and to determine a timescale for their implementation. This committee is reporting to a Cabinet Committee whose membership comprises the Ministers for Justice, Equality and Law Reform; Environment, Heritage and Local Government; Enterprise, Trade and Employment and the Attorney General.

Photo of Frank FeighanFrank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 20: To ask the Minister for Justice, Equality and Law Reform if he will introduce legislation to enhance the rights of homeowners in respect of defending their homes; and if he will make a statement on the matter. [14117/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The Deputy will be aware that the Government's Legislative Programme includes a proposed Criminal Law (Defence of Life and Property) Bill, the drafting of which the previous Government approved in March 2007. The Deputy may also be aware that this important issue is currently being examined by the Law Reform Commission as part of its consideration of the issue of defences generally, in the context of the criminal law. The Law Reform Commission published a Consultation Paper on the subject of Legitimate Defence in November 2006. This Paper formed the basis for discussion and further consideration of the issues and consultation with interested parties. I understand that this consultation process has been completed and work on the writing of a Report on the topic is underway. In its Consultation Paper, the Law Reform Commission gave considerable attention to the question of the application of legitimate defence in relation to attacks on property and on the person in the home dwelling and on the curtilage of the home.

It is my understanding that, following a detailed consultation process, the Law Reform Commission intends to publish a single Report dealing with three related areas of the criminal law namely: provocation, duress and necessity and legitimate defence. I am told that this Report is now expected to be published by the end of this year or early in 2009. It is my intention to await the Commission's findings and recommendations in relation to the issue of the application of legitimate defence in the context of defence of the home dwelling, and to undertake a comprehensive assessment of the matter at that time, before deciding on whether there is a need to proceed with legislation on the issue.

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