John McGuinness (Carlow-Kilkenny, Fianna Fail)
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1209. To ask the Tánaiste and Minister for Justice and Equality if he intends to bring forward legislation to change the legal liability of unincorporated associations. [12623/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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This is a complex area relating to a number of areas of law including company law, tort law, civil liability, criminal law and property law.

Unincorporated associations comprise a range of voluntary non-profit associations, clubs, societies and groups of persons who associate together in pursuit of one or more stated, lawful, non-commercial purpose. Unincorporated associations do not have a separate legal personality from their members and this can lead to difficulties for those who wish to recover damages against them in the event of injury, or wish to pursue some other form of action against the association. While a claim may be made against individual member of the unincorporated association, it is very difficult to pursue the association itself for redress.

The Law Reform Commission issued a Consultation Paper back in 2022 regarding the issue and asked for submissions in relation to reform of the area. It put forward three possible models for reform:

- Model 1 – Legislate to create a “non-profit registered association”, under which separate legal personality could be gained by way of registration.

- Model 2 – Confer separate legal personality on unincorporated associations that fulfil specified criteria.

- Model 3 – Do not confer separate legal personality on unincorporated associations but specify how such associations are to be held liable in contract, tort and for offences. These criteria would not alter the legal status of unincorporated entities.

The Law Reform Commission has not yet published its final report on the issue and I understand that, given its current workload, it may be some time before the final report is available. That being said, I can assure the Deputy that the Government will review any recommendations made by the Commission in its final Report, with a view to introducing any necessary legislative or administrative changes in due course.