Ceisteanna—Questions. Oral Answers. - Law Reform Commission.
- Law Reform Commission priorities 6 speeches
The Taoiseach said the Commission sets its own programme, while the Attorney General can require it to examine particular areas; predecessors had used that power several times.
Noel C. Browne, John Lynch
- Commission staffing and output 4 speeches
Asked whether limited staffing constrained the Commission’s output, the Taoiseach said he had no information to that effect but would have the matter examined if raised.
Jim O'Keeffe, Joseph Brennan, John Lynch
- Dispute over supplementary questions 12 speeches
Kelly protested that the Chair had refused him a supplementary, calling the restriction unfair. The Chair said the question had been sufficiently covered and directed the House to move on.
Joseph Brennan, John M. Kelly
asked the Taoiseach if he has expressed to the Law Reform Commission the Government's priority in respect of laws to be investigated by them; and, if so, if he will indicate these priorities.
Comment on this
The commission are an independent statutory authority under section 4 of the Law Reform Commission Act, 1975 and it is the function of the commission to prepare their programme for submission to the Government.
The first such programme has been laid before the House and it refers to the fact that the Attorney General has requested the Law Reform Commission to undertake an examination of the law in certain areas including aspects of the marriage laws.
Comment on this
The report is concerned with issues which, though important in themselves, are relatively unimportant. Is the Taoiseach suggesting that since the Minister has indicated a specific question—divorce and so on— it is likely that the commission will now take up this issue and consider it and, if so, is that why the Taoiseach has answered in this way?
Comment on this
First, it is not certain that the interpretation of the section would entitle the Government or the Taoiseach to lay down orders of priority. The Government may modify a programme submitted to it by the Law Reform Commission but the interpretation is that that does not give a right to establish priorities. The next section, section 5, entitles the Attorney General to require the commission to examine a particular aspect of the law. It is clear that under that section they are bound to examine a particular aspect of the law if it is so required by the Attorney General.
Comment on this
Has a precedent been established here? Is this the first time for this Government to indicate a particular subject?
Comment on this
Yes, not by my Government though, but by the Attorney General who has a statutory function and whose predecessor on at least three or four occasions required the commission also to examine a particular aspect of law.
Comment on this
Would the Taoiseach accept that the rather limited staffing arrangements of the commission do not permit of any great output? Are there any proposals to extend the staff?
Comment on this
I have no knowledge regarding the functioning of the commission being limited by reason of the staff situation. However, if any such matter is raised with me I shall have it examined.
Comment on this
The Chair has decided that we have had three or four supplementaries on that question, and we should move on to the next question.
Comment on this
But surely we can discuss a little further this non-political and non-contentious matter.
Comment on this
The Chair is not concerned as to whether the matter is political and has decided that sufficient questions have been allowed on the question.
Comment on this
The Chair is being unfair. I am anxious to ask the Taoiseach about something that he mentioned specifically.