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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Law Reform Commission.

Law Reform Commission priorities

Summary

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.

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
John Lynch The Taoiseach Fianna Fáil

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
John Lynch The Taoiseach Fianna Fáil

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
John Lynch The Taoiseach Fianna Fáil

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