justice report
Credit Michael Foley
Transformation: Delivering value through change
Justice legislation priorities In the context of the formation of the tri-party coalition and the agreed Programme for Government, across each of the Department of Justice and Equality’s two pillars, Civil Justice and Equality and Criminal Justice, there are a number of legislative priorities. Within the Department of Justice and Equality’s functional model, each pillar has a several functions, one of which is legislation. As well as drafting primary and secondary legislation, the legislation function is responsible for creating and progressing bills through the Attorney General’s Office and the Oireachtas. Working both on Irish law and the transposition of EU and international law, the legislation function consults with relevant stakeholders and collaborates with other functions (for instance, governance and policy). This ensures that relevant implications are considered at each stage of the legislative process. Across the pillars, the legislation function is led by assistant secretaries John O’Callaghan, Head of Civil Justice and Equality Legislation and Michael Flahive, Head of Criminal Justice Legislation.
Civil Justice and Equality The Department has outlined 10 pieces of legislation and legislative reviews which are currently active within the Civil Justice and Equality legislation function and are at varying degrees of preparation or passage through the Oireachtas. Subject to government priorities, these are between one and
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two years from preparation to enactment. These 10 active pieces are: 1. Defamation Law Review and Amending Bill; 2. Property Services (Regulation) (Amendment) Bill; 3. Personal Insolvency Review/Personal Insolvency and Bankruptcy Amending Bill; 4. Future Reform of Licensing and Regulation of Gambling in Ireland; 5. Gender Pay Gap Information Bill 2019; 6. Judicial Appointments Commission Bill 2017; 7. Criminal Justice (Legal Aid) Bill 2017; 8. Adoptive Leave and Lactation Breaks; 9. Disability (Miscellaneous Provisions) Bill 2016; and 10. Proposed Irish Nationality and Citizenship Amendment Bill.
Criminal Justice Meanwhile, within the Criminal Justice and Equality legislation function, there are several immediate priorities which incorporate the transposition of EU
instruments, alongside Private Members’ Bills that may be restored and other priority areas. In addition, the Department has identified nine pieces of planned legislation in the medium-tolong-term. One piece of legislation already enacted under the new Government is the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020, which was signed into law in September 2020. The Act makes “exceptional provision, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19 and in order to mitigate, where practicable, the effect of the spread of that disease”.
Transposition of EU instruments Each EU measure includes a date by which it must be implemented. This includes transposition into national law. Member states are then required to formally notify the European Commission when a measure has been given effect within their jurisdiction. Failure to implement the measure, transpose properly or to notify are grounds upon which the Commission can undertake infringement
