Civil Law

The Civil Law (Miscellaneous Provisions) Act 2011 provides for amendments to provisions across the range of civil and regulatory law including: -

amendment of the Civil Legal Aid Act 1995 to allow the Legal Aid Board to give legal advice in relation to criminal matters to alleged victims of human trafficking (Part 2),
to amend the law relating to civil liability for acts of good samaritans and volunteers (Part 3),
strengthening of the provisions of the Private Security Services Act 2004 in regard to licensing, enforcement and the collection of fees (Part 4),
support for codes of practice on the sale of alcohol (Part 5),
amendments of the Equality Acts to improve, inter-alia, the procedures of the Equality Tribunal (Part 6),
amendments to the Bankruptcy Act 1988 to allow for application for a reduction in the discharge period from bankruptcy from 12 years to 5 years and to provide for automatic discharge of bankruptcies existing for 12 years or more (Part 7),
amendment of the Family Law (Maintenance of Spouses and Children) Act 1976 to strengthen the existing provisions for the enforcement of family law maintenance orders (Part 8),
amendment of the Coroners Act 1962 to provide for the amalgamation of districts in Dublin and other administrative matters (Part 9),
amendment to citizenship law (Part 10),
amendments to immigration law (Part 11),
amendments to the Land and Conveyancing Law Reform Act 2009 (Part 12),
amendments to the Registration of Title Act 1964 (Part 13),
amendments with regard to qualifications and appointment of Taxing-Masters (Part 14),
provisions for the procedures for the deposition of material following completion of a Tribunal of Inquiry (Part 15),
provisions in relation to the transfer of the Family Mediation Service to the Legal Aid Board (Part 16),
miscellaneous amendments including amendment of the Domestic Violence Act 1996, the Personal Injuries Assessment Board Act 2003, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010, the Official Languages Act 2003, the Enforcement of Court Orders Act 1940, the Courts of Justice Act 1936 and the Courts and Court Officers Act 1995 (Part 17).

The legislation was signed by the President on 2 August, 2011. The majority of the Act came into effect on that date. However, sections 6, 12, 30(g) and sections 49 to 55 were subject to commencement orders.

Note - Section 30(g) commenced on 10 October 2011. Sections 49 to 55 commenced on 1 November 2011. Sections 6 and 12 commenced on 10 May 2012.

The Act is available on the legislation pages of the Oireachtas website - www.oireachtas.ie

The following is a guide to the provisions of the Act. Guide to Civil Law (Miscellaneous Provisions) Act 2011 (PDF - 80KB)

The Defamation Act 2009, updates the law on defamation, taking into account the need for a balance between the competing rights of freedom of expression and respect for one's good name and reputation. It provides for recognition of an independent Press Council, subject to certain conditions regarding its establishment. The Bill was enacted on 23 July, 2009.

The Defamation Act 2009 (Commencement) Order 2009 (PDF - 99KB) (S.I. No. 517 of 2009) sets 1 January 2010 as the date when all sections of the Act shall come into operation.

An Explanatory Memorandum to the Act (PDF - 45KB) is attached.

The Land and Conveyancing Law Reform Act 2009 (No. 27 of 2009) makes provision for a major reform of land and conveyancing law in areas such as co-ownership, contracts and conveyances, mortgages, future interests and trusts of lands. It provides for the repeal of many pre-1922 statutes and replaces them with a single code of modern land and conveyancing law

The Land and Conveyancing Law Reform Act 2009 (Commencement) Order 2009 (S.I. No. 356 of 2009) sets 1 December 2009 as the date when all sections of the Act, except section 132 (review of rent in certain cases), shall come into operation. The Land and Conveyancing Law Reform Act 2009 (Commencement) (Section 132) Order 2009 (PDF - 205KB) brings into operation section 132 of the Act with effect from 28 February 2010.

The Legal Services Ombudsman Act 2009 (PDF - 375KB) provides for the establishment of a Legal Services Ombudsman. The Act introduces a fully independent review of the operation of the legal profession's complaints systems. When appointed, the Ombudsman will oversee the handling by the Law Society of Ireland and the Bar Council of complaints by clients of solicitors and barristers. A complaint may be made to the Ombudsman concerning the handling of the initial complaint against the solicitor or barrister. Following an investigation, the Ombudsman may issue directions or make recommendations to the Bar Council and Law Society. The Ombudsman may direct those bodies to reinvestigate a complaint or, in the case of the Law Society, refer it to the Solicitors Disciplinary Tribunal for an enquiry on the ground of alleged misconduct. The Ombudsman will also monitor and report annually to the Minister and the Oireachtas on the adequacy of the admissions policies of both professions.

The Act was signed by the President on 10th March 2009. Arrangements are being made to appoint the new Ombudsman and commence the Act.

The Civil Law (Miscellaneous Provisions) Act 2008 was enacted on 14 July 2008. It deals with an extensive range of reforms to various aspects of the civil law as set out below, and was the subject of a commencement order made (the Civil Law (Miscellaneous Provisions) Act 2008 (Commencement) Order 2008) by the Minister on 18 July 2008, setting dates for the commencement of its various provisions.

A summary of the changes made by the Act is appended.
Summary of Civil Law Miscellaneous Provisions Act 2008 (PDF - 29KB)

The Intoxicating Liquor Act 2008 ( no. 17/2008) was enacted on 10 July 2008 and was the subject of a commencement order (the Intoxicating Liquor Act 2008 (Commencement ) Order 2008) made by the Minister on 23 July 2008, setting 30 July 2008 as the commencement date for most of the provisions of the Act.

The purpose of this Act is to amend the Licensing Acts 1833 to 2004 and the Criminal Justice (Public Order) Act 1994 in order to give effect to reforms recommended by the Government Alcohol Advisory Group, including provisions relating to the seizure of alcohol in certain circumstances. An Explanatory Memorandum (PDF - 27KB) is attached.

Registration of Deeds and Title Act 2006: The primary purpose of the Registration of Deeds and Title Act 2006 is to establish the Property Registration Authority. Its main functions are to manage and control the Land Registry and the Registry of Deeds and to promote and extend the registration of ownership of land. The Authority was formally established on 4 November, 2006.

The Act also amends the Registration of Titles Act 1964 with a view to modernising the registration of title system. In addition, it repeals outdated legislation governing the operation of the Registry of Deeds and replaces it with provisions more suited to modern conditions and conveyancing practice. Finally, the Act amends two sections of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

For earlier legislation, please visit the Oireachtas website.