Civil Law (Miscellaneous Provisions) Bill 2010 - · PDF filean bille um an dlÍ sibhialta (forÁlacha ilghnÉitheacha) 2010 civil law (miscellaneous provisions) bill 2010 ————————

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AN BILLE UM AN DLÍ SIBHIALTA (FORÁLACHAILGHNÉITHEACHA) 2010

CIVIL LAW (MISCELLANEOUS PROVISIONS) BILL 2010

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Mar a tionscnaíodhAs initiated

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ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section1. Short title, collective citation, construction and com-

mencement.

2. Interpretation.

PART 2

Civil Legal Aid

3. Amendment of section 26 of Civil Legal Aid Act 1995.

PART 3

Good Samaritans, etc.

4. Liability for negligence of good samaritans, volunteers andvolunteer organisations.

PART 4

Private Security Services

5. Interpretation (Part 4).

6. Amendment of section 2 of Act of 2004.





11. Amendment of section 23 of Act of 2004.[No. 44 of 2010]

Click here forExplanatory Memorandum

12. Temporary licence under Act of 2004.


PART 5

Intoxicating Liquor

14. Codes of practice.

PART 6

Equality

15. Interpretation (Part 6).

16. Amendment of section 78(7)(b) of Act of 1998.



19. Amendment of section 25 of Equal Status Act 2000.

PART 7

Bankruptcy

20. Amendment of section 61(3)(h) of Bankruptcy Act 1988.

21. Amendment of section 85 of Bankruptcy Act 1988.

PART 8

Amendment of Family Law (Maintenance of Spouses andChildren) Act 1976

22. Amendment of Family Law (Maintenance of Spouses andChildren) Act 1976.

PART 9

Miscellaneous

23. Amendment of section 2(2) of Solicitors (Amendment) Act1994.

24. Amendment of section 27(1) of Land and Conveyancing LawReform Act 2009.

25. Amendment of section 1 of Statutory Declarations Act 1938.

26. Amendment of Domestic Violence Act 1996.

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Acts Referred to

Bankruptcy Act 1988 1988, No. 27

Bankruptcy Acts 1988 to 2001

Charities Act 2009 2009, No. 6

Child Trafficking and Pornography Act 1998 1998, No. 22

Civil Law (Miscellaneous Provisions) Act 2008 2008, No. 14

Civil Legal Aid Act 1995 1995, No. 32

Civil Liability Act 1961 1961, No. 41

Civil Partnership and Certain Rights and Obligations ofCohabitants Act 2010 2010, No. 24

Courts (No. 2) Act 1986 1986, No. 26

Courts and Court Officers Act 2002 2002, No. 15

Criminal Law (Human Trafficking) Act 2008 2008, No. 8

Domestic Violence Act 1996 1996, No. 1

Domestic Violence Acts 1996 to 2002

Employment Equality Act 1998 1998, No. 21

Employment Equality Acts 1998 to 2008

Enforcement of Court Orders Acts 1926 to 2009

Equal Status Act 2000 2000, No. 8

Equal Status Acts 2000 to 2008

Family Law (Maintenance of Spouses and Children) Act1976 1976, No. 11

Land and Conveyancing Law Reform Act 2009 2009, No. 27

Licensing Acts 1833 to 2010

Private Security Services Act 2004 2004, No. 12

Road Traffic Act 1961 1961, No. 24

Solicitors (Amendment) Act 1994 1994, No. 27

Solicitors Acts 1954 to 2008

Statutory Declarations Act 1938 1938, No. 37

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BILLentitled5

AN ACT TO AMEND THE LAW RELATING TO CIVIL LIAB-ILITY FOR ACTS OF GOOD SAMARITANS, VOLUN-TEERS AND VOLUNTEER ORGANISATIONS; TOAMEND THE CIVIL LEGAL AID ACT 1995; TO AMENDTHE PRIVATE SECURITY SERVICES ACT 2004; TO10AMEND THE LAW RELATING TO THE SALE OFINTOXICATING LIQUOR; TO AMEND THE EMPLOY-MENT EQUALITY ACT 1998; TO AMEND THE EQUALSTATUS ACT 2000; TO AMEND THE BANKRUPTCY ACT1988; TO AMEND THE FAMILY LAW (MAINTENANCE15OF SPOUSES AND CHILDREN) ACT 1976, THE SOLICI-TORS (AMENDMENT) ACT 1994, THE LAND AND CON-VEYANCING LAW REFORM ACT 2009, THE STATU-TORY DECLARATIONS ACT 1938 AND THE DOMESTICVIOLENCE ACT 1996; AND TO PROVIDE FOR20RELATED MATTERS.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1


1.—(1) This Act may be cited as the Civil Law (Miscellaneous25Provisions) Act 2010.

(2) The Private Security Services Act 2004 and Part 4 may becited together as the Private Security Services Acts 2004 and 2010.

(3) The Licensing Acts 1833 to 2010 and section 14 may be citedtogether as the Licensing Acts 1833 to 2010 and shall be construed30together as one.

(4) The Employment Equality Acts 1998 to 2008 and sections 15to 18 may be cited together as the Employment Equality Acts 1998to 2010.

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Short title,collective citation,construction andcommencement.

Interpretation.

Amendment ofsection 26 of CivilLegal Aid Act 1995.

(5) The Equal Status Acts 2000 to 2008 and section 19 may becited together as the Equal Status Acts 2000 to 2010.

(6) The Bankruptcy Acts 1988 to 2001 and Part 7 may be citedtogether as the Bankruptcy Acts 1988 to 2010.

(7) The Solicitors Acts 1954 to 2008 and section 23 may be cited 5together as the Solicitors Acts 1954 to 2010.

(8) The Domestic Violence Acts 1996 to 2002 and section 26 maybe cited together as the Domestic Violence Acts 1996 to 2010.

(9) This Act, other than Parts 2, 3, 5, 7, 8 and 9 (other than section26), shall come into operation on such day or days as the Minister 10may by order appoint, either generally or with reference to any part-icular purpose or provision, and different days may be so fixed fordifferent purposes and different provisions.

2.—In this Act, unless the context otherwise requires “Minister”means the Minister for Justice and Law Reform. 15

PART 2

Civil Legal Aid

3.—Section 26 of the Civil Legal Aid Act 1995 is amended—

(a) by the insertion of the following subsection after subsec-tion (3A) (inserted by section 78(b) of the Civil Law 20(Miscellaneous Provisions) Act 2008):

“(3B) Notwithstanding any other provision of this Act,the Board shall grant legal advice to a person who is analleged victim of a human trafficking offence in relationto— 25

(a) any matter connected with the commission ofthe human trafficking offence (whether or nota prosecution for that offence has beeninstituted),

(b) any matter connected with the commission of 30any other offence of which the person isalleged to be a victim, being an offence(whether or not a human trafficking offence)that is alleged to have been committed in thecourse of, or otherwise in connection with, the 35commission of the human trafficking offence,or

(c) without prejudice to the generality of paragraph(a) or (b), the prosecution of the human traf-ficking offence or of the other offence referred 40to in paragraph (b).”,

and

(b) by the insertion of the following subsection after subsec-tion (7):

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“(8) In this section, ‘human trafficking offence’means—

(a) an offence under section 2, 4, 5, 6, 7 or 11 of theCriminal Law (Human Trafficking) Act 2008,

(b) an offence under section 3 (other than subsec-5tions (2A) and (2B)) of the Child Traffickingand Pornography Act 1998.”.

PART 3


4.—The Civil Liability Act 1961 is amended by the insertion of the10following Part after Part IV:

“PART IVA

LIABILITY FOR NEGLIGENCE OF GOODSAMARITANS, VOLUNTEERS AND VOLUNTEER

ORGANISATIONS15

Interpretation(Part IVA).

51A.—(1) In this Part—

‘emergency’ includes circumstances arising in con-nection with an actual or apprehended accident;

‘good samaritan’ means a person who, withoutexpectation of payment or other reward, provides20assistance, advice or care to another person in anemergency, but does not include a person whodoes so as a volunteer;

‘negligence’ does not include breach of statutoryduty;25

‘voluntary work’ means any work or other activitythat is carried out for any of the followingpurposes:

(a) a charitable purpose within the meaningof the Charities Act 2009;30

(b) without prejudice to the generality ofparagraph (a), the purpose of provid-ing assistance, advice or care in anemergency or so as to prevent anemergency;35

(c) the purpose of sport or recreation;

‘volunteer’ means a person who does voluntarywork that is authorised by a volunteer organis-ation and does so without expectation of payment(other than reasonable reimbursement for40expenses actually incurred) or other reward;

‘volunteer organisation’ means any body (whetheror not incorporated) that is not formed for profit

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Liability fornegligence of goodsamaritans,volunteers andvolunteerorganisations.

and that authorises the doing of voluntary workwhether or not as the principal purpose of theorganisation.

(2) A reference in this Part to the provision ofassistance, advice or care to a person includes a 5reference to any of the following activities:

(a) the administration of first-aid to theperson;

(b) the treatment of the person using anautomated external defibrillator; 10

(c) the transportation of the person fromthe scene of an emergency to a hospitalor other place for the purposes ofensuring the person receives medicalcare. 15

(3) Nothing in subsection (2) shall operate tolimit the nature of activities that may constituteassistance, advice or care for the purposes of thisPart.

This Part notapplicable toexisting causesof action.

51B.—This Part shall not apply to any cause of 20action that accrued before the commencement ofthis Part.

This Part notapplicable tomotoraccidents inpublic places.

51C.—(1) This Part shall not apply in relationto the negligent use of a mechanically propelledvehicle in a public place. 25

(2) In this section ‘mechanically propelledvehicle’ has the same meaning as it has in Part VIof the Road Traffic Act 1961.

Protection ofgoodsamaritansfrom liabilityfor negligence.

51D.—(1) A good samaritan shall not be per-sonally liable in negligence for any act done in an 30emergency when providing—

(a) assistance, advice or care to a personwho is—

(i) in serious and imminent danger, orapparently in serious and immi- 35nent danger, of being injured orfurther injured,

(ii) injured or apparently injured, or

(iii) suffering, or apparently suffering,from an illness, 40

or

(b) advice by telephone or by anothermeans of communication to a person(whether or not the person is a personreferred to in paragraph (a)) who is at 45the scene of the emergency.

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(2) The protection from personal liability con-ferred on a good samaritan by subsection (1)applies even if the emergency is caused by an actof the good samaritan.

(3) The protection from personal liability con-5ferred on a good samaritan by subsection (1) shallnot apply to—

(a) any act done by the good samaritan inbad faith or with gross negligence, or

(b) any act done by the good samaritan10when providing assistance, advice orcare in circumstances where the goodsamaritan has a duty (whether imposedby or under any enactment or anyother rule of law) to provide such15assistance, advice or care.

Protection ofvolunteersfrom liabilityfor negligence.

51E.—(1) A volunteer shall not be personallyliable in negligence for any act done when carryingout voluntary work.

(2) The protection from personal liability con-20ferred on a volunteer by subsection (1) shall notapply to any act done by the volunteer if—

(a) the act was done by the volunteer in badfaith or with gross negligence, or

(b) the volunteer knew or ought reasonably25to have known that the act was—

(i) outside the scope of the voluntarywork authorised by the volunteerorganisation concerned, or

(ii) contrary to the instructions of the30volunteer organisation concerned.

(3) An agreement, undertaking or arrangementhas no effect to the extent that it provides for avolunteer to give a volunteer organisation anindemnity against, or to make a contribution to a35volunteer organisation in relation to, a liabilitythat—

(a) the volunteer would incur for his or hernegligence but for the operation ofsubsection (1), and40

(b) that the volunteer organisation incurs asa result of its vicarious liability forthat negligence.

Protectionadditional toany otherprotectionunder otherlaw.

51F.—The protection from personal liabilityconferred on a good samaritan by section 51D or45a volunteer by section 51E is in addition to anyprotection from personal liability conferred on thegood samaritan or volunteer by or under any otherenactment or rule of law.

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Interpretation(Part 4).

Amendment ofsection 2 of Act of2004.

Volunteerorganisationsand duty ofcare.

51G.—(1) This section applies to proceedingsrelating to the liability of a volunteer organisationfor negligence arising from activities carried outby or on behalf of the organisation.

(2) In any proceedings to which this section 5applies, when determining whether the volunteerorganisation owed a duty of care to the plaintiff orany other person, a court shall consider whetherit would be just and reasonable to find that theorganisation owed such a duty having regard to 10the social utility of the activities concerned.

(3) Nothing in this section shall operate to limitthe matters that a court may consider, in pro-ceedings to which this section applies, whendetermining whether a volunteer organisation 15owed a duty of care to a plaintiff or other person.”.

PART 4


5.—In this Part “Act of 2004” means the Private Security ServicesAct 2004. 20

6.—Section 2(1) of the Act of 2004 is amended by the substitutionof the following for the definition of “installer of securityequipment”:

“ ‘installer of security equipment’ means a person who—

(a) for remuneration installs, maintains, repairs or 25services electronic or other devices designed, con-structed or adapted to give warning of or monitor orrecord unauthorised entry or misconduct on or in thevicinity of premises,

(b) for remuneration installs, maintains, repairs or 30services electronic or other devices designed, con-structed or adapted to control or record access bypersons or vehicles to or within premises by meansof—

(i) personal identity verification, including by means 35of biometrics,

(ii) vehicle identification,

(iii) numerical codes,

(iv) alphabetical codes,

(v) access or other card management, or 40

(vi) electronic key management,

or any combination of such means,

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and includes a person who in connection with the provision ofservices referred to in paragraph (a) or (b) gives advice relatingto the installation of such equipment or advice relating to theprotection of such devices from damage or interference;”.

7.—The Act of 2004 is amended in section 14—5

(a) by the substitution of the following for subsection (1):

“(1) For the purposes of this Act the Authority mayappoint a person (including a member of the staff of theAuthority) to be an inspector for such period and subjectto such terms and conditions as the Authority may10determine.”,

and

(b) by the insertion, after subsection (2) of the followingsubsection:

“(3) The Authority may designate a member of its staff,15who has been appointed as an inspector pursuant to sub-section (1), to be Chief Inspector.”.

8.—Section 18(1) of the Act of 2004 is amended by the substitutionof “a consultant, an inspector or an adviser” for “a consultant oran adviser”.20

9.—Section 21 of the Act of 2004 is amended—

(a) in subsection (3), by the insertion, after paragraph (a), ofthe following paragraph:

“(ab) require the applicant to furnish particulars ofevery person who, in a case in which the appli-25cant is a company, is the beneficial owner ofmore than 5 per cent of the share capital ofthe company,”,

and

(b) in subsection (4), by the substitution in paragraph (a) of30“the shareholders to whom subsection (3)(ab) refers andthe directors, and” for “the directors, and”.

10.—Section 22 of the Act of 2004 is amended by the substitution,in subsection (3)(b)(i), of “any director, shareholder to whom section21(3)(ab) refers, manager,” for “any director, manager,”.35


(a) in subsection (1), by the deletion of “in the prescribedmanner”,

(b) by the substitution for subsection (2) of the following:

“(2) An application for the renewal of a licence shall40be made in accordance with procedures specified by theAuthority.”,

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Temporary licenceunder Act of 2004.

and

(c) by the insertion, after subsection (3), of the followingsubsection:

“(3A) Where—

(a) subsection (3) applies, 5

(b) the applicant has complied with the proceduresspecified pursuant to subsection (2), and

(c) a licence is renewed by the Authority,

the licence so renewed shall expire on the day on which itwould have expired if it had been renewed with effect 10from the day next following the day on which the licencewould have expired but for the operation of subsection(3).”.

12.—The Act of 2004 is amended by the insertion, after section27, of the following section: 15

“Temporarylicence.

27A.—(1) Where the Authority has receivedan application for a licence under section 21 and,having considered the application it is satisfiedthat—

(a) the requirements of this Act and any 20regulations relating to licence appli-cations made pursuant to section 51have been complied with (otherwisethan as respects the competence of theapplicant to provide the security 25service to which the applicationrelates), and

(b) it is appropriate to grant a temporarylicence to the applicant to enable theapplicant to display the necessary com- 30petence to provide security services ofa type to which the application for alicence relates,

the Authority may grant a temporary licence for aperiod not exceeding 6 months to enable the appli- 35cant to satisfy the Authority that the applicant hasthe necessary competence to provide securityservices of a type to which the application relates.

(2) Where the Authority has granted a tempor-ary licence under this section and the Authority is 40satisfied that exceptional circumstances exist, theAuthority may extend the term of such licence bya period not exceeding 3 months.

(3) The Authority may, in respect of a part-icular licensee, exercise its power under subsection 45(2) once only.

(4) This section shall not apply in a case wherethe application relates to the renewal of a licence.

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(5) Section 28 shall not apply to a temporarylicence issued pursuant to this section.”.


(a) in subsection (2), by the substitution of the following forparagraph (g):5

“(g) the fees to be charged by the Authority inrespect of applications for licences and otherservices provided by the Authority.”,

and

(b) by the insertion, after subsection (2), of the following sub-10sections:

“(2A) In making regulations pursuant to subsection(2)(g) the Authority may—

(a) prescribe different fees in respect of differentcircumstances or classes of circumstances, or in15relation to different classes of licences and inrelation to different classes of cases,

(b) provide for the waiving, remitting or refundingof fees (in whole or in part) in different circum-stances or classes of circumstances or in20relation to different classes of licences and inrelation to different classes of cases,

(c) provide for exemption from payment of fees incircumstances specified in the regulations.

(2B) In making regulations pursuant to subsection25(2)(g) the Authority may have regard to—

(a) the expenses incurred by the Authority, or

(b) the expenses which it is anticipated will beincurred by the Authority,

in performing its functions under this Act, so that so much30of those expenses as the Authority considers appropriateare recovered from fees to be charged pursuant to suchregulations.”.

PART 5

Intoxicating Liquor35

14.—(1) In this section—

“Act of 1986” means the Courts (No. 2) Act 1986;

“code of practice” includes part of a code of practice;

“licence” means a licence for the sale of intoxicating liquor, whethergranted on production or without production of a certificate of the40Circuit Court or the District Court;

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Codes of practice.

“licensee” means the holder of a licence;

“licensed premises” means premises in respect of which a licence isin force and, in relation to a licensee, means the licensed premisesof the licensee;

“Minister” means the Minister for Justice and Law Reform. 5

(2) Subject to subsection (3), the Minister may—

(a) prepare and publish a code of practice, or

(b) approve of a code of practice drawn up by any other body,

for the purpose of setting standards for the display, sale, supply,advertising, promotion or marketing of intoxicating liquor (including 10a class or classes of intoxicating liquor).

(3) Before publishing or approving of a code of practice underthis section, the Minister—

(a) may make available in such manner as he or she considersappropriate a draft of the code and allow persons such 15period as the Minister determines, being not less than 30days from the date of making such draft available, withinwhich to make representations in writing to him or herin relation to it, and

(b) having considered the representations (if any) received, 20consent to its publication or approval, with or withoutmodifications.

(4) Where the Minister publishes or approves of a code of prac-tice under this section, he or she shall cause a notice to that effect tobe published in Iris Oifigiúil and such notice shall specify— 25

(a) the class or classes of intoxicating liquor in respect ofwhich the code is so published or approved, as the casemay be,

(b) the date from which the code has effect, and

(c) the place where a copy of the code may be viewed, 30inspected or purchased.

(5) Subject to subsection (6), the Minister may—

(a) amend or revoke a code of practice published under thissection, or

(b) withdraw approval of any code of practice approved of 35under this section.

(6) Subsection (3) shall, with all necessary modifications, apply toa code of practice that the Minister intends to amend or revoke, orwithdraw his or her approval of, under subsection (5) as subsection(3) applies to a code of practice that the Minister proposes to publish 40or approve of under this section.

(7) Where the Minister amends or revokes, or withdraws his orher approval of, a code of practice published or approved of underthis section, the Minister shall cause a notice to that effect to bepublished in Iris Oifigiúil specifying— 45

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(a) the code to which the amendment, revocation or with-drawal of approval, as the case may be, relates and, ifapplicable, particulars of the amendment,

(b) the class or classes of intoxicating liquor in respect ofwhich the code is so amended, revoked or approval is5withdrawn, as the case may be, and

(c) the date from which the amendment, revocation or with-drawal of approval, as the case may be, shall have effect.

(8) A document bearing the seal of the Minister and purportingto be a code of practice published or approved of under this section10or, where such a code has been amended under this section, the codeso amended shall be admissible in any proceedings relating to therenewal under the Act of 1986 of a licence.

(9) A failure on the part of a licensee to observe any provision ofa code of practice published or approved of under this section15(including such a code as amended from time to time under thissection) shall not of itself render the licensee liable to any civil orcriminal proceedings but such failure shall be considered as relatingto the good character of the licensee for the purposes of the renewalunder the Act of 1986 of the licence in respect of the licensed prem-20ises concerned.

(10) In publishing or approving of a code of practice under thissection, the Minister shall have regard to the need to reduce theincidence of the excessive consumption of intoxicating liquor and,without prejudice to the generality of that need, in particular have25regard to—

(a) the need to reduce the risk of a threat to public orderarising from the excessive consumption of intoxicatingliquor,

(b) the health-related risks arising from the consumption of30alcohol to an excessive extent,

(c) in the case of advertising, promotion or marketing ofintoxicating liquor referred to in subsection (2), whetheror not or to what extent such advertising, promotion ormarketing is intended or likely to encourage the con-35sumption of intoxicating liquor to an excessive extent.

(11) In having regard to the matters referred to in subsection(10)(c) the Minister may have regard to the medium used or thenature of the activities associated with or involved with such advertis-ing, promotion or marketing.40

PART 6

Equality

15.—In this Part “Act of 1998” means the Employment EqualityAct 1998.

16.—Section 78(7)(b) of the Act of 1998 is amended by the substi-45tution of “42 days” for “28 days”.

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Interpretation(Part 6).

Amendment ofsection 78(7)(b) ofAct of 1998.



(a) by the substitution of the following for subsection (1):

“(1) Where a case which has been referred to theDirector under section 77—

(a) does not fall to be dealt with by way of 5mediation under section 78, or

(b) falls to be dealt with under this section by virtueof section 78(7),

the Director shall investigate the case and may, as part ofthat investigation and if the Director considers it appro- 10priate, hear persons appearing to the Director to beinterested.”,


“(2A) (a) Where the Director considers that the case 15may be dealt with on the basis of written sub-missions only, the Director shall notify the par-ties in writing of his or her proposal to do so.

(b) A notification under paragraph (a) shall informthe parties of the right to make representations 20to the Director in accordance with paragraph(c).

(c) A person who receives a notification underparagraph (a) may, within 28 days from theissue of the notification, make representations 25to the Director as to why the case should notbe dealt with on the basis of written sub-missions only.

(d) The Director shall, prior to making a decisionas to whether to deal with the case on the basis 30of written submissions only, consider all rep-resentations made in accordance with para-graph (c).”,

and

(c) by the insertion of the following subsection after subsec- 35tion (5):

“(5A) In the course of an investigation under thissection the Director may—

(a) refer to the High Court a point of law arising inthe investigation, and 40

(b) adjourn the investigation (if he or she thinks itappropriate to do so) pending the outcome ofthe reference.”.

16

18.—Section 82 of the Act of 1998 is amended by the substitutionof the following for subsection (4):

“(4) The maximum amount which may be ordered by theDirector by way of compensation under subsection (1)(c) or(1)(f) shall be—5

(a) in any case where the complainant was in receipt ofremuneration at the date of the reference of the case,or if it was earlier, the date of dismissal, an amountequal to the greatest of—

(i) 104 times the amount of that remuneration,10determined on a weekly basis,

(ii) 104 times the amount, determined on a weeklybasis, which the complainant would havereceived at that date but for the act of discrimi-nation or victimisation concerned, or15

(iii) €40,000,

or

(b) in any other case, €13,000.”.

19.—Section 25 of the Equal Status Act 2000 is amended—

(a) by the substitution of the following for subsection (1):20

“(1) Where a case which has been referred to theDirector under section 21—

(a) does not fall to be dealt with by way ofmediation under section 24, or

(b) falls to be dealt with under this section by virtue25of section 24(6),

the Director shall investigate the case and may, as part ofthat investigation and if the Director considers it appro-priate, hear persons appearing to the Director to beinterested.”,30

and


“(2A) (a) Where the Director considers that the casemay be dealt with on the basis of written sub-35missions only, the Director shall notify the par-ties in writing of his or her proposal to do so.

(b) A notification under paragraph (a) shall informthe parties of the right to make representationsto the Director in accordance with paragraph40(c).

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Amendment ofsection 25 of EqualStatus Act 2000.

Amendment ofsection 61(3)(h) ofBankruptcy Act1988.

Amendment ofsection 85 ofBankruptcy Act1988.

(c) A person who receives a notification underparagraph (a) may, within 28 days from theissue of the notification, make representationsto the Director as to why the case should notbe dealt with on the basis of written sub- 5missions only.

(d) The Director shall, prior to making a decisionas to whether to deal with the case on the basisof written submissions only, consider all rep-resentations made in accordance with para- 10graph (c).”.

PART 7

Bankruptcy

20.—The Bankruptcy Act 1988 is amended in section61(3)(h)(amended by section 34 of the Courts and Court Officers 15Act 2002) by the substitution of “€10,000” for “€7,000”.

21.—The Bankruptcy Act 1988 is amended by substituting the fol-lowing for section 85:

“Dischargeandannulment.

85.—(1) Every bankruptcy shall, on the 20thanniversary of the date of the making of the 20adjudication order in respect of that bankruptcy,unless prior to that date the bankruptcy has beendischarged or annulled, stand discharged.

(2) Where a bankruptcy is discharged by virtueof subsection (1) any property of the bankrupt 25which remains vested in the Official Assigneeshall, after provision has been made for the pay-ment of—

(a) the expenses, fees, costs of the bank-ruptcy, and 30

(b) preferential payments,

be returned to the bankrupt and shall be deemedto be revested in him on and from the date onwhich the bankruptcy stands discharged.

(3) A bankrupt shall be entitled to an order dis- 35charging him from bankruptcy where provisionhas been made for the payment of the expenses,fees and costs of the bankruptcy, and the preferen-tial payments, and—

(a) he has paid one euro in the euro, with 40such interest as the Court may allow,or

(b) he has obtained the consent in writingof all of his creditors whose debts havebeen proved and admitted in the bank- 45ruptcy, or

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(c) section 41 (discharge of adjudicationorder) applies.

(4) The giving of consent by a creditor undersubsection (3) constitutes a waiver by that creditorof the right to recover the amount concerned pro-5ved and admitted in bankruptcy.

(5) A bankrupt whose estate has, in the opinionof the Court, been fully realised, shall be entitledto an order discharging him from bankruptcywhere provision has been made for the payment10of the expenses, fees and costs of the bankruptcy,and the preferential payments, and—

(a) his creditors have received 50 cent ormore in the euro, or

(b) he or his friends have paid to his credi-15tors such additional sums as willtogether with the dividend paid makeup 50 cent in the euro.

(6) Where a bankruptcy has subsisted for atleast 6 years a bankrupt may apply to the Court20for an order discharging him from bankruptcywhere provision has been made for the paymentof the expenses, fees and costs of the bankruptcy,and the preferential payments, and where theCourt is satisfied that—25

(a) the estate of the bankrupt has beenfully realised,

(b) all after acquired property has been dis-closed, and

(c) it is reasonable and proper to grant the30application,

the Court shall make an order discharging thebankruptcy.

(7) The Court shall not discharge a bankruptcypursuant to subsection (5) or (6) where it is satis-35fied that the proceeds of property realised by theOfficial Assignee at the date of the making of theapplication for the discharge would be sufficientto pay a dividend to the creditors until such divi-dend has been paid.40

(8) A person shall be entitled to an annulmentof his adjudication—

(a) where he has shown cause pursuant tosection 16, or

(b) in any other case where, in the opinion45of the Court, he ought not to havebeen adjudicated bankrupt.

(9) An order of discharge or annulment shallprovide that any property of the bankrupt then

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Amendment ofFamily Law(Maintenance ofSpouses andChildren) Act 1976.

vested in the Official Assignee shall be revested inor returned to the bankrupt, and that order shallfor all purposes be deemed to be a conveyance,assignment or transfer of that property to thebankrupt and, where appropriate, may be regis- 5tered accordingly.

(10) A person whose bankruptcy has been dis-charged or annulled may on application obtain acertificate of discharge or annulment, as the casemay be, under the seal of the Court. 10

(11) In this section ‘bankrupt’ includes personalrepresentatives and assigns.”.

PART 8

Amendment of Family Law (Maintenance of Spouses andChildren) Act 1976 15

22.—The Family Law (Maintenance of Spouses and Children) Act1976 is amended by the insertion, after section 9, but in Part III, ofthe following new sections:

“Failure tomakepayments tobe contempt ofcourt.

9A.—(1) Subject to this section it shall be con-tempt of court for a maintenance debtor to fail to 20make a payment due under an antecedent order.

(2) As respects a contempt of court arising pur-suant to this section, a judge of the District Courtshall, subject to this section, have such powers,including the power to impose a sanction, as are 25exercisable by a judge of the High Court inrelation to contempt of court in proceedingsbefore the High Court.

(3) Where a payment under an antecedentorder made by the District Court has not been 30made, the maintenance creditor may apply to theDistrict Court clerk concerned for the issue of asummons directing the maintenance debtor toappear before the District Court.

(4) A summons referred to in subsection (3) 35shall—

(a) be issued by the District Court clerkconcerned,

(b) contain a statement that failure to makea payment in accordance with the 40order concerned constitutes a con-tempt of court and giving details of theconsequences of the court finding thata contempt of court has taken placeincluding in particular the possibility 45of imprisonment,

(c) state that the maintenance debtor maybe arrested if he or she fails to appear

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before the District Court as directed inthe summons, and

(d) be served on the maintenance debtorpersonally, or in such other mannerauthorised by a judge of the District5Court.

(5) If the maintenance debtor fails, withoutreasonable excuse, to appear before the court inanswer to the summons, the judge of the DistrictCourt, on the application of the maintenance10creditor, shall, if satisfied that the debtor wasserved with the summons, issue a warrant for thearrest of the maintenance debtor.

(6) A maintenance debtor arrested pursuant toa warrant issued under subsection (5) shall be15brought as soon as practicable before the DistrictCourt.

(7) Where a maintenance debtor is arrestedand brought before the District Court under sub-section (6), the judge shall fix a new date for the20hearing of the summons and direct that the credi-tor be informed by the District Court by notice inwriting of the date so fixed, and shall explain tothe debtor in ordinary language—

(a) that he or she is required to attend25before the court at the date next fixedfor the hearing of the summons,

(b) that failure to attend may in itself con-stitute a contempt of court and theconsequences of such contempt,30including in particular the possibility ofimprisonment, and that such contemptand the consequences which may fol-low are in addition to the con-sequences arising by reason of failure35to make a payment under the ante-cedent order, and

(c) that he or she is entitled to apply forlegal advice and legal aid under theCivil Legal Aid Act 1995.40

(8) At the hearing of the summons, beforehearing evidence from any party the judge shallexplain to the debtor in ordinary language—

(a) the consequences, and in particular thepossibility of imprisonment, which may45follow a failure to make a payment inaccordance with an antecedent order,and

(b) unless the maintenance debtor hasalready been so informed under sub-50section (7), that he or she is entitled toapply for legal advice and legal aidunder the Civil Legal Aid Act 1995.

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(9) On the hearing of the summons, havinggiven to the maintenance debtor the explanationsreferred to in subsection (8), having given themaintenance debtor an opportunity to apply forlegal advice and legal aid, and having heard such 5evidence as may be adduced by the maintenancecreditor and the maintenance debtor, if the judgeis satisfied that the payment concerned has notbeen made, and—

(a) that the failure to make the payment 10concerned is due to—

(i) the inability of the maintenancedebtor to make the payment con-cerned by reason of a change inhis or her financial circumstances 15which occurred since the ante-cedent order or an order varyingthat order was last made(whichever is the later), or

(ii) some other reason not attributable 20to any act or omission of the main-tenance debtor,

the judge may, where he or shebelieves that to do so would improvethe likelihood of the payment con- 25cerned being made within a reasonableperiod, adjourn the hearing—

(I) to enable the outstanding paymentto be made, or

(II) to enable an application to be made 30for an attachment of earningsorder under section 10,

(b) that the failure to make the paymentconcerned is due to the inability of themaintenance debtor to make the pay- 35ment concerned by reason of a changein his or her financial circumstanceswhich occurred since the antecedentorder or an order varying that orderwas last made (whichever is the later) 40the judge may, where the antecedentorder was made by the District Court,treat the hearing as an application tovary the antecedent order, and havingheard evidence as to the financial cir- 45cumstances of both the maintenancedebtor and the maintenance creditor,make an order varying the antecedentorder.

(10) Where on the hearing of the summons, 50having given to the maintenance debtor the expla-nations referred to in subsection (8), having giventhe maintenance debtor an opportunity to applyfor legal advice and legal aid, and having heard

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such evidence as may be adduced by the mainten-ance creditor and the maintenance debtor, thejudge is satisfied that the payment concerned hasnot been made and that the failure to make thepayment concerned is not due to—5

(a) the inability of the maintenance debtorto make the payment concerned byreason of a change in his or her finan-cial circumstances which occurredsince the antecedent order or an order10varying that order was last made(whichever is the later), or

(b) some other reason not attributable toany act or omission of the mainten-ance debtor,15

the judge may treat the failure by the maintenancedebtor to make the payment concerned as consti-tuting contempt of court and the judge may dealwith the matter accordingly.

(11) Where a maintenance debtor to whom20subsection (7) applies does not attend court on thedate fixed for the hearing of the summons thejudge may treat such failure to attend court as con-stituting contempt of court and the judge may dealwith the matter accordingly.25

(12) In this section ‘financial circumstances’means, in relation to a person—

(a) the amount of the person’s annualincome,

(b) the aggregate value of all property (real30and personal) belonging to the person,

(c) the aggregate of all liabilities of the per-son including any duty (moral or legal)to provide financially for members ofhis or her family or other persons,35

(d) the aggregate of all monies owing to theperson, the dates upon which they falldue to be paid and the likelihood oftheir being paid, and

(e) such other circumstances as the court40considers appropriate.

Certificate ofoutstandingpayments.

9B.—Where, pursuant to section 9, a court hasmade a maintenance order, a variation order or aninterim order and directed that payments underthe order be made to the District Court clerk, in45any proceedings under this Act or under theEnforcement of Court Orders Acts 1926 to 2009, acertificate purporting to be signed by the relevantDistrict Court clerk as to the amount of moniesoutstanding on foot of such order shall, until the50contrary is shown, be evidence of the mattersstated in the certificate.”.

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Amendment ofsection 2(2) ofSolicitors(Amendment) Act1994.

Amendment ofsection 27(1) ofLand andConveyancing LawReform Act 2009.

Amendment ofsection 1 ofStatutoryDeclarations Act1938.

Amendment ofDomestic ViolenceAct 1996.

PART 9

Miscellaneous

23.—Section 2(2) of the Solicitors (Amendment) Act 1994 isamended by the substitution of “to any complaints made to theSociety by the registrar under section 14C of this Act” for “to any 5complaints made to the Society by the registrar under section 14B ofthis Act”.

24.—Section 27(1) of the Land and Conveyancing Law ReformAct 2009 is amended by the substitution of “may release or contractnot to exercise the power by deed or in any other way in which the 10power can be released” for “may release or contract not to exercisethe power by deed or in any other way in which the power couldbe created”.

25.—Section 1(1) of the Statutory Declarations Act 1938 isamended by the insertion after paragraph (d) of the following 15paragraph:

“(e) a judge of the District Court,”.

26.—The Domestic Violence Act 1996 is amended—

(a) in the definition of “the applicant” in section 2(1)(a):

(i) by the substitution of the following subparagraph for 20subparagraph (ii):

“(ii) is not the spouse or civil partner withinthe meaning of the Civil Partnershipand Certain Rights and Obligations ofCohabitants Act 2010 of the respon- 25dent and is not related to the respon-dent within the prohibited degrees ofrelationship, but lived with therespondent in an intimate and com-mitted relationship prior to the appli- 30cation for the safety order, or”,

(ii) in subparagraph (iv), by the substitution of “primarilycontractual, or” for “primarily contractual;”, and

(iii) by the insertion of the following subparagraph aftersubparagraph (iv): 35

“(v) is a parent of a child whose otherparent is the respondent;”,

and

(b) in the definition of “the applicant” in section 3(1), by thesubstitution of the following paragraph for paragraph (b): 40

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“(b) is not the spouse or civil partner within themeaning of the Civil Partnership and CertainRights and Obligations of Cohabitants Act2010 of the respondent and is not related to therespondent within the prohibited degrees of5relationship, but lived with the respondent inan intimate and committed relationship for aperiod of at least six months in aggregate dur-ing the period of nine months immediatelyprior to the application for the barring order,10or”.

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EXPLANATORY MEMORANDUM

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Background to and purpose of the Bill

The Bill provides for amendments to provisions across the rangeof civil and regulatory law. The main provisions of the Bill include:—

• amendment of the Civil Legal Aid Act 1995 to allow the LegalAid Board to give legal advice in relation to criminal matters toalleged victims of human trafficking,

• to amend the law relating to civil liability for acts of goodsamaritans and volunteer organisations,

• support for codes of practice on the sale of alcohol,

• strengthening of the provisions of the Private Security ServicesAct 2004 in regard to licensing, enforcement and the collectionof fees,

• amendments of the Equality Acts to improve, inter-alia, theprocedures of the Equality Tribunal,

• amendments to the Bankruptcy Act 1988 to allow forapplication for a reduction in the discharge period from 12 yearsto 6 years and to provide for automatic discharge ofbankruptcies existing for 20 years or more,

• amendment of the Family Law (Maintenance of Spouses andChildren) Act 1976 to strengthen the existing provisions for theenforcement of family law maintenance orders,

• amendment of the Domestic Violence Act 1996.

Contents of Bill

The Bill contains 9 Parts. The following paragraphs contain a briefdescription and an outline of the principal reforms proposed ineach Part.

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Click here for Bill

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Part 1


Section 1 (Short title, collective citation, construction andcommencement) and Section 2 (Interpretation) are standardprovisions regarding the interpretation and commencement of theBill.

Part 2

Civil Legal Aid

This Part proposes important technical amendments to section 26of the Civil Legal Aid Act 1995 to permit the Legal Aid Boardprovide legal advice in relation to criminal matters to victims oralleged victims of trafficking in respect of any matters that arise forthe person under the Criminal Law (Human Trafficking) Act 2008or in respect of offences under other legislation committed in thecourse of, or in connection with, the human trafficking offence, e.g.rape, false imprisonment, breaches of immigration law or ofemployment legislation.

Section 3 (Amendment of section 26 of Civil Legal Aid Act 1995)

Section 3(a) — Legal Advice provides that the Legal Aid Boardwill grant legal advice to a person who is an alleged victim of ahuman trafficking offence in relation to:

(i) any matter related to the commission of the humantrafficking offence and

(ii) any related offences committed in connection with thehuman trafficking offence and

(iii) to any matter related to the prosecution of these offences.

This section gives effect to the relevant provisions in relation to theprovision of legal advice in the Council of Europe Convention onAction Against Trafficking in Human Beings and the Protocol toPrevent, Suppress and Punish Trafficking in Persons, EspeciallyWomen and Children, supplementing the United NationsConvention Against Transnational Organized Crime and willsupport, on a legislative basis, Ireland’s recent ratification of theConvention and Protocol. The UN Protocol came into effect inIreland on 16 July 2010. The Instrument of ratification for theCouncil of Europe Convention was deposited on 15 July 2010 andthe Convention comes in to force on 1 November 2010 and fulfilsthe commitment in the Programme for Government to ratify boththe Convention and the Protocol.

Section 3(b) — Definition ‘‘Human trafficking offence’’ is definedas the trafficking of a child or adult for the purposes of sexual orlabour exploitation or for the removal of body organs or the sellingor purchasing of a person or causing or attempting any of theseactions, (Sections 2, 3, 4 of the Criminal Law (Human Trafficking)Act 2008 and Section 3 of the Child Trafficking and PornographyAct 1998). The definition also includes an offence of soliciting orimportuning a trafficked person for the purposes of prostitution(Section 5 of the Criminal Law (Human Trafficking) Act 2008). A‘‘human trafficking offence’’ may be committed by a body corporate(Section 6 of the Criminal Law (Human Trafficking) Act 2008) and

is subject to extra territorial jurisdiction, (Section 7 of the CriminalLaw (Human Trafficking) Act 2008). The ‘‘human traffickingoffence’’ definition also covers provisions relating to the anonymityof victims of trafficking at Section 11 of the Criminal Law (HumanTrafficking) Act 2008.

Part 3


This Part addresses recommendations of the Law ReformCommission to place the civil liability of ‘‘good samaritans’’,volunteers and volunteer organisations on a statutory footing and toprovide legal clarity for persons who assist in an accident oremergency and those who engage in voluntary work for the benefitof society.

Section 4 (Liability for negligence of good samaritans, volunteersand volunteer organisations) inserts a new Part IVA (sections 51Ato 51G) into the Civil Liability Act 1961 to provide for the civilliability of good samaritans, volunteers and volunteer organisations.

Section 51A provides for the interpretation of key terms in thisPart. Subsection (1) includes a definition of a ‘‘good samaritan’’, asa person who provides assistance, advice or care to another person inan emergency and without expectation of payment or other reward.‘‘Voluntary work’’ means work done for a charitable purpose; orfor the purpose of providing assistance, advice or care during or inprevention of an emergency; or for the purpose of sport orrecreation. A ‘‘volunteer’’ is a person who does work authorised bya volunteer organisation, with no expectation of payment other thanreimbursement for expenses actually incurred. A ‘‘volunteerorganisation’’ is a body formed not for profit, whose purposeincludes, but is not confined to, the doing of voluntary work.Subsection (2) provides a definition of ‘‘assistance, advice or care’’which includes, but is not limited to, the administration of first-aid;the use of an automated external defibrillator (AED); and thetransportation of persons from the scene of an emergency to amedical facility.

Section 51B provides that the provisions in this Part will apply onlyto causes of action accruing after the commencement of the Part.

Section 51C provides that the provisions in this Part are notapplicable to the negligent use of a mechanically propelled vehiclein a public place within the meaning of the Road Traffic Act 1961 tothe effect that this liability will continue to be covered by motorinsurance.

Section 51D provides for the protection of persons acting as goodsamaritans from personal liability for negligence in giving assistance,advice or care (subsection (1)). Persons who are the cause of anemergency may be considered good samaritans where they offerassistance, advice or care thereafter (subsection (2)). Persons whoact in bad faith or with gross negligence, as well as persons with anexisting duty of care, are excluded from legal protection from liability(subsection (3)).

Section 51E provides for the protection of persons carrying outvoluntary work from personal liability for negligence (subsection(1)). Protection from liability is not available to those who act in badfaith or with gross negligence or to those who act outside the scopeof the work authorised by the volunteer organisation or contrary to

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the instructions of the volunteer organisation concerned (subsection(2)). A volunteer organisation is prevented from gaining theprotection of an indemnity given by a volunteer against a liability itmight otherwise incur as a result of the negligent actions of itsvolunteers (subsection (3)).

Section 51F provides that the protections made available in thisBill are additional to any protections existing in common orstatutory law.

Section 51G provides that while the Bill sets out an ordinarystandard of care for volunteer organisations, the courts shall takeinto account the benefits accruing to society as a result of theorganisation’s work in determining whether it is just and reasonableto find that the organisation owes a duty of care.

Part 4


This Part proposes a number of technical amendments to thePrivate Security Services Act 2004 which will improve certainfinancial, licensing and enforcement functions relating to the PrivateSecurity Authority.

Section 5 (Interpretation — Part 4) is a standard provision whichstates that the Act of 2004 in this Part refers to the Private SecurityServices Act 2004.

Section 6 (Amendment of section 2 of Act of 2004) amends thecurrent definition of ‘‘installer of security equipment’’ given insection 2(1) of the Act of 2004 so as to encompass the area of accesscontrol within the definition and keep it in line with technologicaladvances in the area.

Section 7 (Amendment of section 14 of Act of 2004) allows thePrivate Security Authority the ability to appoint persons, in additionto its own staff, to be an inspector and so gives the Authority theability to contract in outside inspectors, if necessary.

Section 8 (Amendment of section 18 of the Act of 2004) amendssection 18(1) so as to ensure that all persons appointed by the PrivateSecurity Authority, including an inspector who is not a member ofthe Authority’s own staff, will be subject to confidentialityrequirements.

Section 9 (Amendment of section 21 of the Act of 2004) providesthat, in the case of an applicant who is a company, the PrivateSecurity Authority may require the applicant to furnish particularsof every person who is the beneficial owner of more than 5% of theshare capital of the company.

Section 10 (Amendment of section 22 of the Act of 2004) amendssection 22(b)(i) so that its provisions also apply to any personreferred to in Section 9, i.e. the beneficial owner of more than 5%of the share capital of the company.

Section 11 (Amendment of section 23 of the Act of 2004) amendsthe renewal provisions of the Act so that an application for a renewalof a licence shall be made in accordance with procedures specifiedby the Private Security Authority. It also provides that licences

issued by way of a renewal come into force from the expiry date ofthe previous licence, thereby providing continuity of the licence.

Section 12 (Temporary licence under Act of 2004) inserts a newsection in to the Act of 2004 to enable the Private Security Authorityto issue a temporary licence to an applicant, who is a new entrant tothe industry, for a period not exceeding 6 months, during which theapplicant can prove s/he has the necessary competence to performthe security services in question. The Authority may, in exceptionalcircumstances, extend the temporary licence for a further 3 monthperiod, if necessary.

Section 13 (Amendment of section 51 of the Act of 2004) allows thePrivate Security Authority to recover, through the fees charged, asmuch of the expenses incurred in running the Authority, as itconsiders appropriate.

Part 5

Intoxicating Liquor

Section 14 (Codes of practice) provides for statutory support ofCodes of Practice in relation to licensing matters with a view topromoting and supporting compliance by licensees. Such a Code maybe prepared and published by the Minister or, if the Code has beendrawn up by some other body, be approved of and published by theMinister. Failure to comply with the provisions of such a Code by alicensee will constitute a ground on which an objection to renewal ofthe licence in question may be lodged. The proposal forms part ofthe Government’s strategy to promote compliance with licensing lawand to combat alcohol-related harm.

Part 6

Equality

This Part (sections 15 to 19) proposes a small number ofamendments to the Employment Equality Act 1998 (as amended)and the Equal Status Act 2000 (as amended). These amendmentswhich are largely technical in nature, take into account decisions atboth national and EU level and in some cases are designed to alignthe text of national law more closely with EU Equality Directives.They include amendments intended to improve the efficiency anduser friendliness of the Equality Tribunal in handling complaints.

Section 15 (Interpretation (Part 6)) is self-explanatory and isinserted for the purposes of this Part of the Bill.

Section 16 (Amendment of section 78(7)(b) of Act of 1998)provides for the extension of the deadline for application forresumption of the hearing in situations where mediation has failed.

Section 17(a) and (b) (Amendment of section 79 of Act of 1998)and Section 19 (Amendment of section 25 of Equal Status Act 2000)provide that the Equality Tribunal may, where appropriate, deal withcases on the basis of written submissions only.

Section 17(c) permits the Equality Tribunal to state a case to theHigh Court and avoid further litigation by way of appeal.

Section 18 (Amendment of section 82 of Act of 1998) adjusts themaximum amount that may be awarded in Employment Equality

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cases to 2 years’ remuneration or €40,000, whichever is greater, toprovide for greater redress in situations of low-paid employment.This is in line with the EU Equality Directives which requirecompensation to be effective, proportionate and dissuasive.

Part 7

Bankruptcy

This Part proposes to amend the Bankruptcy Act 1988 to provide,subject to conditions, for the reduction of the application period tothe court for discharge from bankruptcy from 12 years to 6 years andto provide for the automatic discharge of bankruptcies on the 20thanniversary of the adjudication order. A technical amendment ismade relating to costs.

Section 20 (Amendment of section 61(3)(h) of Bankruptcy Act1988). Section 61(3)(h) of the Bankruptcy Act, as amended bysection 34 of the Courts and Court Officers Act 2002 provides thatthe Official Assignee in Bankruptcy has the power to agree a sum ofcosts where the Court so directs or where the Assignee considersthat the amount which would be allowed on taxation would notexceed €7,000. The amendment provided in this section proposes toincrease the limit concerned from €7,000 to €10,000.

Section 21 (Amendment of Section 85 of Bankruptcy Act 1988)substitutes the existing section 85 (Discharge and Annulment) of the1988 Act with new text.

Subsection (1) provides for the automatic discharge ofbankruptcies on the 20th anniversary of the adjudication order inbankruptcy.

Subsection (2) provides that where a bankruptcy is discharged byvirtue of subsection (1) any property of the bankrupt which remainsvested in the Official Assignee in Bankruptcy shall be returned tothe bankrupt and revested in him or her subject to provision havingfirst being made for the payment of expenses, fees and costs of thebankruptcy and any preferential payments.

Subsection (3) is a restatement of the existing law in existingsubsection (3) of the 1988 Act which provides that a bankrupt willbe entitled to a discharge when provision has been made for thepayment of the expenses, fees and costs in the bankruptcy as well asthe preferential debts and he or she has paid one euro in the eurowith such interest as the Court may allow or has obtained the consentof all the creditors. In the case of a composition after bankruptcy, heor she will be entitled to a discharge when, pursuant to section 41 ofthe 1988 Act, he or she has lodged with the Official Assignee cashor securities sufficient to meet the composition.

Subsection (4) clarifies the existing law in subsection (3) of the1988 Act in regard to obtaining the consent of creditors.

Subsection (5) restates the existing subsection (4) of the 1988 Actwhich provides that a bankrupt will be entitled to a discharge whenprovision has been made for the payment of the expenses, fees andcosts in the bankruptcy as well as the preferential payments and heor she has paid 50 cent in the euro to creditors and where the Courtis satisfied that the estate of the bankrupt has been fully realised.

Subsection (6) amends the existing subsection (4) of the 1988 Actby reducing the period for application to the court for discharge frombankruptcy by a person whose estate has, in the opinion of the Courtbeen fully realised, from 12 years to 6 years. The same conditionsthat currently attach in respect of the 12 year period, would continueto attach to the new 6 year period. In this context, should bankruptpersons be able to pay the expenses of the Official Assignee, costsof the Petitioning Creditor and preferential payments (if any) owed,they could be discharged from bankruptcy and freed from all otherbankruptcy debts and from all the restrictions that apply tobankrupt persons.

Subsection (7) clarifies the existing law in the 1988 Act andprovides that the Court shall not discharge a bankruptcy undersubsections (5) or (6) where it is satisfied that proceeds of propertyrealised by the Official Assignee at the date of the making of theapplication for discharge would be sufficient to pay a dividend to thecreditors until such dividend is paid.

Subsections (8) is a restatement of the law in existing subsection(5) of the 1988 Act which entitles a bankrupt to an annulment of theadjudication where he or she has shown cause under section 16 ofthe Act of 1988 or in any other case where, in the opinion of theCourt, he ought not to have been adjudicated bankrupt.

Subsections (9), (10) and (11) are restatements of the existingsubsections (6), (7) and (8) of section 85 of the 1988 Act.

Part 8

Amendment of Family Law (Maintenance of Spouses and Children)Act 1976

Section 22 (Amendment of Family Law (Maintenance of Spousesand Children) Act 1976) provides for the insertion of new sections9A and 9B to Part III of the Act. These sections set out proceduresto be followed in the District Court regarding arrears ofmaintenance. The section grants the court the power to regard ascontempt of court failure by a maintenance debtor to comply with aprevious court order and to deal with such a breach accordingly,including by means of imprisonment.

Part 9

Miscellaneous

This Part provides for a number of minor technical amendments.

Section 23 (Amendment of section 2 of Solicitors (Amendment) Act1994) corrects a cross-referencing error in the Civil Law(Miscellaneous Provisions) Act 2008.

Section 24 (Amendment of section 27(1) of Land and ConveyancingLaw Reform Act 2009) provides for a technical amendment to theLand and Conveyancing Law Reform Act 2009 to correct an errorin the text.

Section 25 (Amendment of section 1 of Statutory Declarations Act1938) will allow District Court Judges to take and receive statutorydeclarations which will, in particular, facilitate the service of theBook of Evidence by allowing the Judge to take and receive thestatutory declaration in Court as to service and, also, by allowing a

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Judge to take and receive the statutory declaration as to service ofa notice of appeal on the prosecution where a person convicted inthe District Court wishes to appeal and is in a position to do soin Court.

Section 26 (Amendment of Domestic Violence Act 1996) will allowa person to apply for a safety order or a barring order against aperson with whom he or she is living, or has lived, in an intimate andcommitted same-sex or opposite-sex relationship. It will also allow aperson to apply for a safety order against a person with whom he orshe had a child in common, including where the couple concerneddo not live together or have never lived together.

Financial implications

The proposals contained in the Bill are not expected to give riseto any significant costs to the Exchequer.

The proposals in relation to the Private Security Services Act 2004are not expected to give rise to additional costs to the Exchequer.The Exchequer will also continue to benefit from improvedcompliance through the provision of tax clearance certificates bythe industry.

Department of Justice and Law Reform,August, 2010.

Wt. —. 648. 8/10. Cahill. (X56733). Gr. 30-15.

Documents

Civil Law (Miscellaneous Provisions) Bill 2010 - · PDF filean bille um an dlÍ sibhialta (forÁlacha ilghnÉitheacha) 2010 civil law (miscellaneous provisions) bill 2010 ————————