Ivana Bacik (Dublin Bay South, Labour)
Link to this: Individually | In context

667. To ask the Tánaiste and Minister for Justice and Equality his plans to legislate to facilitate civil proceedings by victims against unincorporated bodies, such as religious orders, and by providing a mechanism for recovering damages from the ‘associated’ lay-run trusts set up by these bodies, to which their assets have typically been transferred. [39033/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context

As the Deputy will be aware, this is a complex area relating to a number of areas of law including company law, tort law, civil liability 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 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.