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You are here: BAILII >> Databases >> Irish Law Reform Commission Papers and Reports >> Public Inquiries Including Tribunals Of Inquiry, Report on (LRC 73-2005) [2005] IELRC 73(Appendix) (May 2005) URL: http://www.bailii.org/ie/other/IELRC/2005/3(Appendix).html Cite as: [2005] IELRC 73(Appendix) |
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START OF PAGE 181
APPENDIX A DRAFT BILL
DRAFT TRIBUNALS OF INQUIRY BILL 2005
_____________________
START OF PAGE 182
Explanatory Notes
The references below to sections given are to comparable, though not
necessarily identical, provisions in the Tribunals of Inquiry
(Evidence) Acts 1921 to 2004. References to paragraphs are to
paragraphs in this Report.
START OF PAGE 183
_____________________
DRAFT TRIBUNALS OF INQUIRY BILL 2005
__________________
ARRANGEMENT OF SECTIONS
PART 1
PRELIMINARY AND GENERAL
Section
1. Short title, construction and collective citation.
2. Definitions.
PART 2
ESTABLISHMENT, INDEPENDENCE, TERMS OF REFERENCE AND
MEMBERSHIP
3. Establishment
4. Nature of tribunal and effect on civil or criminal liability
5. Legal personality
6. Independence
7. Terms of reference
8. Content of terms of reference and accompanying statements
9. Amendment of terms of reference
10. Members
11. Reserve members
12. Experts and research
PART 3
PROCEDURES, POWERS AND OFFENCES
13. Procedures
14. Divisions
15. Preliminary investigations
16. Investigators
17. Publicity
START OF PAGE 184
18. Representation
19. Powers
20. Enforcement by the High Court
21. Privileges
22. Judicial review
23. Directions of the High Court
24. Offences
25. Suspension
26. Termination and dissolution
27. Non-admissibility in criminal proceedings of evidence given
to tribunals
PART 4
REPORTS
28. Preparation of the report
29. Interim reports
30. Publication of the report
31. Admissibility of reports in civil proceedings
PART 5
COSTS AND REPEALS
32. Costs
33. Expenses
34. Amendment of Commissions of Investigation Act 2004
35. Repeals and consequential provisions
START OF PAGE 185
ACTS REFERRED TO
Commissions of Investigation Act 2004 2004, No. 23
Criminal Procedure Act 1967 1967, No. 12
Petty Sessions (Ireland) Act 1851 1851, c.93
Tribunals of Inquiry (Evidence) Act 1921 1921, c.7
Tribunals of Inquiry (Evidence) (Amendment) Act 1979 1979, No. 3
Tribunals of Inquiry (Evidence) (Amendment) Act 1997 1997, No. 42
Tribunals of Inquiry (Evidence) (Amendment) Act 1998 1998, No. 11
Tribunals of Inquiry (Evidence) (Amendment) (No.2) Act 1998 1998, No. 18
Tribunals of Inquiry (Evidence) (Amendment) Act 2002 2002, No. 7
Tribunals of Inquiry (Evidence) (Amendment) Act 2004 2004, No.13
Tribunals of Inquiry (Evidence) Acts 1921 to 2004
START OF PAGE 186
[BLANK]
START OF PAGE 187
____________
DRAFT TRIBUNALS OF INQUIRY BILL 2005
____________
BILL
____________
entitled
AN ACT TO MAKE FURTHER PROVISION CONCERNING THE
ESTABLISHMENT OF TRIBUNALS OF INQUIRY, INCLUDING
THE POWERS OF SUCH TRIBUNALS, TO REPEAL THE
TRIBUNALS OF INQUIRY (EVIDENCE) ACTS 1921 TO 2004,
TO AMEND THE COMMISSIONS OF INVESTIGATION ACT
2004 AND TO PROVIDE FOR RELATED MATTERS
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1
PRELIMINARY MATTERS
Short title
1. This Act may be cited as the Tribunals of Inquiry Act 2005.
Definitions.
2. In this Act, unless the context otherwise requires -
"responsible Minister" means the Minister referred to in
section 3(3)(b);
"the Tribunals of Inquiry (Evidence) Acts 1921 to 2004"
means the Tribunals of Inquiry (Evidence) Act 1921, the
Tribunals of Inquiry (Evidence) (Amendment) Act 1979, the
Tribunals of Inquiry (Evidence) (Amendment) Act 1997, the
Tribunals of Inquiry (Evidence) (Amendment) Act 1998, the
Tribunals of Inquiry (Evidence) (Amendment) (No.2) Act
1998, the Tribunals of Inquiry (Evidence) (Amendment) Act
START OF PAGE 188
2002 and the Tribunals of Inquiry (Evidence) (Amendment)
Act 2004;
"tribunal" means a tribunal of inquiry established under this
Act.
PART 2
ESTABLISHMENT, TERMS OF REFERENCE AND MEMBERSHIP
Establishment
3. (1) The Government may, by order, establish a tribunal to
(a) inquire into any matter considered by the
Government to be a definite matter of urgent public
importance, and
(b) make any reports required under this Act in
relation to its inquiry.
(2) An order may be made under this section only if
(a) a draft of the proposed order and a statement of
the reasons for establishing the tribunal have
been laid before the Houses of the Oireachtas,
and
(b) a resolution approving the draft has been passed
by each House.
(3) The order establishing a tribunal shall specify
(a) the definite matter considered by the Government
of urgent public importance, and
(b) the Minister responsible for overseeing
administrative matters relating to the conduct of
the tribunal, for receiving its reports and for
START OF PAGE 189
performing any other functions given to him or
her by this Act.
Explanatory Note
This section is a new section incorporating elements of section 1 of
the Tribunals of Inquiry (Evidence) Act 1921. See paragraph 2.37.
Nature of tribunal and effect on civil or criminal liability
4. (1) A tribunal is inquisitorial in nature.
(2) A tribunal is not to rule on, and has no power to determine,
any person's civil or criminal liability.
(3) A tribunal is not to be inhibited in the discharge of its
functions by any likelihood of liability being inferred from
facts that it determines or recommendations that it makes.
Explanatory Note
This section is a new section. See paragraph 2.16
Legal personality
5. A tribunal established shall be a body corporate with perpetual
succession and power to sue and be sued in its corporate
name.
Explanatory Note
This section is a new section. See paragraph 2.66.
START OF PAGE 190
Independence
6. A tribunal shall be independent in the performance of its
functions.
Explanatory Note
This section is a new section. See paragraph 2.70.
Terms of reference
7. (1) The order establishing a tribunal shall authorise the
tribunal to set the terms of reference of the tribunal.
(2) Before setting terms of reference, the tribunal shall consult
with the responsible Minister, and such other persons or
organisations as the tribunal considers appropriate.
(3) The terms of reference and the accompanying statement
shall be laid before the Houses of the Oireachtas and be
approved by a resolution of each House.
Explanatory Note
This section is a new section. See paragraph 3.21.
Content of terms of reference and accompanying statements
8. (1) The terms of reference of a tribunal shall, as appropriate
and to the extent possible, specify the events, activities,
circumstances, systems, practices or procedures to be inquired
into with a view to ensuring that the scope of the inquiry into
any matter referred to the tribunal is described precisely.
(2) The tribunal in consultation with the responsible Minister
shall ensure that an accompanying statement is prepared
containing
START OF PAGE 191
(a) a time frame for the submission of the final report
of the tribunal to the responsible Minister; and
(b) where it is considered appropriate, an estimate of
the costs (including the legal costs) to be incurred
by the tribunal in conducting its inquiry and
preparing its reports.
Explanatory Note
This section is a new section. See paragraph 3.21 and 7.36.
Amendment of terms of reference
9. (1) The terms of reference of a tribunal and accompanying
statement may be amended at any time pursuant to a
resolution of both Houses of the Oireachtas before the
submission of the final report:
(a) following consultation between the tribunal and
the Attorney General on behalf of the responsible
Minister, or
(b) where the tribunal has requested the amendment.
(2) A tribunal may not consent to or request an amendment of
its terms of reference or accompanying statement if satisfied
that the proposed amendment would prejudice the legal rights
of any person who has co-operated with or provided
information to the tribunal.
(3) The accompanying statement shall only be amended if, as
a consequence of an amendment of those terms under this
section, either or both of the following contents of the
statement are no longer appropriate:
START OF PAGE 192
(a) the time frame for the submission of the final
report of the tribunal to the responsible Minister;
and
(b) the estimate of the costs (including the legal
costs) to be incurred by the tribunal in
conducting its inquiry and preparing its reports,
(4) Without prejudice to the preceding sub-sections, the
tribunal in consultation with the responsible Minister may
revise:
(a) to the extent possible, the time frame for the
submission of the final report of the tribunal with
the objective of having the inquiry conducted and
the report submitted as expeditiously as a proper
consideration of the matter referred to the
tribunal permits, or
(b) the estimate of the cost (including legal costs) to
be incurred by the tribunal in conducting its
inquiry and preparing its reports.
(5) The revised accompanying statement must be approved by
a resolution of both Houses of the Oireachtas.
Explanatory Note
This section is based on section 2A of the Tribunals of Inquiry
(Evidence) Act 1921 as inserted by the Tribunals of Inquiry
(Evidence)(Amendment) Act 1998. See paragraph 3.32.
Members
10. (1) A tribunal may consist of one or more than one member.
(2) Where a tribunal consists of one member, that person shall
be known as the chairperson.
(3) The Government shall appoint each member of a
START OF PAGE 193
tribunal by instrument in writing.
(4) Appointments may be made to a tribunal at any time,
including during the course of its inquiry.
(5) Before appointing a person to be a member of a tribunal,
the Government shall be satisfied that, having regard to the
subject matter of the inquiry, the person has the appropriate
experience, qualifications, training or expertise.
(6) If the Government proposes to appoint as a member of a
tribunal a serving member of the judiciary, the Government
must consult with, and secure the approval of, the President of
the Court of which the proposed person is a member.
(7) Where more than one member is appointed to a tribunal,
the Government shall designate one of the members as the
chairperson.
(8) If a tribunal consists of more than one member
(a) a decision of a majority of its members on any
matter is deemed to be the decision of the
tribunal, and
(b) in the case of an equal division among the
members as to a decision to be made, the
decision of the chairperson on the matter is the
decision of the tribunal.
(9) If the chairperson is for any reason unable to continue to
act as chairperson, the Government may designate another
member of the tribunal as chairperson.
(10) An appointment under subsection (3) or a designation
under subsection (7) made during the course of an inquiry by a
tribunal does not affect decisions made or actions taken by the
tribunal before the appointment or designation.
START OF PAGE 194
(11) An appointment under subsection (3) or a designation
under subsection (7) shall not be made unless the tribunal is
satisfied that no person affected by the proceedings of the
tribunal would be prejudiced thereby.
(12) A member of a tribunal who is unable to act as a member,
whether temporarily or for the remainder of the inquiry, is
while unable to act deemed not to be a member of the tribunal.
(13) A tribunal may act or continue to act despite one or more
than one vacancy among its members if satisfied that the legal
rights of any person affected by its inquiry would not be
unduly prejudiced by doing so.
(14) The Government may at any time by notice terminate the
appointment of a member of a tribunal
(a) on the ground that, by reason of physical or
mental illness or for any other reason, the
member is unable or unfit to carry out the duties
of a member of the tribunal.
(b) on the ground that the member has failed to
comply with his or her duties as a member of the
tribunal.
(15) Before exercising its powers to terminate the appointment
of a member of a tribunal in relation to a member other than
the chairperson, the Government must consult the chairperson.
(16) Before exercising its powers to terminate the appointment
of a member of a tribunal in relation to any member of the
tribunal, the Government must
(a) inform the member of the proposed decision and
of the reasons for it, and take into account any
representations made by the member in response,
and
START OF PAGE 195
(b) if the member so requests, consult the other
members of the tribunal.
(17) An order may be made under this section only if
(a) a draft of the proposed order terminating the
appointment of the member and a statement of
the reasons for have been laid before the Houses
of the Oireachtas, and
(b) a resolution approving the draft has been passed
by each House.
Explanatory Note
This section is based on section 2 of the Tribunals of Inquiry
(Evidence)(Amendment) Act 1979. See paragraphs 4.15, 4.41, 4.42,
4.52, and 4.55.
Reserve members
11. (1) The Government may appoint one or more persons to be a
reserve member or members of a tribunal.
(2) Appointments may be made at any time, including during
the course of an inquiry by a tribunal.
(3) Before appointing a person to be a reserve member, the
Government shall be satisfied that, having regard to the
subject matter of the tribunal, the person has the appropriate
experience, qualifications, training or expertise.
(4) If the Government proposes to appoint as a reserve
member a serving member of the judiciary, the Government
must consult with, and secure the approval of, the President of
the Court of which the proposed person is a member.
START OF PAGE 196
(5) An appointment under subsection (2) made during the
course of an inquiry by a tribunal does not affect decisions
made or actions taken by the tribunal before the appointment.
(6) A reserve member of a tribunal who is unable to act as a
member, whether temporarily or for the remainder of the
inquiry, is while unable to act deemed not to be a member of
the tribunal.
(7) A tribunal may act or continue to act despite one or more
than one vacancy among its reserve members if satisfied that
the legal rights of any person affected by its inquiry would not
be unduly prejudiced by doing so.
(8) The Government may at any time by notice terminate the
appointment of a reserve member of a tribunal
(a) on the ground that, by reason of physical or
mental illness or for any other reason, the reserve
member is unable or unfit to carry out the duties
of a reserve member of the tribunal, or
(b) on the ground that the reserve member has failed
to comply with his or her duties as a reserve
member of the tribunal.
(9) Before exercising its powers to terminate the appointment
of a reserve member, the Government shall consult the
chairperson.
(10) Before exercising its powers to terminate the appointment
of a reserve member of a tribunal, the Government shall
(a) inform the reserve member of the proposed
decision and of the reasons for it, and take into
account any representations made by the reserve
member in response, and
(b) if the member so requests, consult the other
members of the tribunal.
START OF PAGE 197
(11) An order may be made under this section only if
(a) a draft of the proposed order terminating the
appointment of the reserve member and a
statement of the reasons for have been laid before
the Houses of the Oireachtas, and
(b) a resolution approving the draft has been passed
by each House.
Explanatory Note
This section is based on section 5 of the Tribunals of Inquiry
(Evidence)(Amendment) Act 2002. See paragraph 4.61.
Experts and research
12. (1) If a tribunal considers that it requires the advice, guidance
or assistance of experts in respect of any matter, it may, upon
such terms and conditions as it may determine, appoint such
and so many advisers having expertise in relation to that
matter as it may determine.
(2) A tribunal may, for the purpose of the performance of its
functions, conduct, or commission the conduct of, research.
Explanatory Note
This is a new section. See paragraph 4.64.
PART 3
PROCEDURES, POWERS AND OFFENCES
Procedures
13. l (1) A tribunal may, subject to this Act and the rules and
procedures of the tribunal and the inquisitorial nature of a
START OF PAGE 198
tribunal, conduct its inquiry in the manner that it considers
appropriate.
(2) A tribunal shall conduct its inquiry as expeditiously as a
proper consideration of the matter referred to the tribunal
permits.
(3) In making any decision as to the procedure or conduct of
an inquiry, the tribunal must have regard to the need to avoid
any unnecessary cost.
Explanatory Note
This is a new section. See paragraphs 2.16, 5.07 and 7.25.
Divisions
14. (1) A tribunal consisting of more than one member may,
whenever the chairperson so determines, act in divisions each
of which consists of such members of the tribunal, whether
one or more, as the chairperson may determine.
(2) The chairperson of a tribunal may, in relation to each
division
(a) designate one member of the division as its
chairperson,
(b) determine those functions of the tribunal that are
to be performed by the division,
(c) determine the matters in relation to which the
division is to perform those functions, and
(d) require the division to prepare a report of its
findings.
(3) A division of a tribunal shall provide any report prepared
as required by subsection (2) to the chairperson of the tribunal,
START OF PAGE 199
and the report is considered for all purposes to have been
made by the tribunal.
(4) A division of a tribunal and the chairperson of a division
have, for the purposes of performing the functions of the
division, all the powers and duties of the tribunal and
chairperson of the tribunal respectively, including their
powers and duties relating to costs.
(5) If the chairperson of a division of a tribunal is for any
reason unable to continue to act as such, another member of
the division may be designated under subsection (2)(a) as its
chairperson, and the designation does not affect decisions,
determinations or inquiries made or other actions taken before
the designation.
Explanatory Note
This section is based on section 4B of the Tribunals of Inquiry
(Evidence) Act 1921 as inserted by the Tribunals of Inquiry
(Evidence)(Amendment) Act 2004.
Preliminary investigations
15. A tribunal may conduct such private preliminary
investigations as it considers appropriate.
Explanatory Note
This is a new section. See paragraph 5.64.
Investigators
16. (1) A tribunal may, with the approval of the responsible
Minister, and with the consent of the Minister for Finance,
appoint such and so many persons to be investigators to
perform the functions conferred on investigators by this
section.
START OF PAGE 200
(2) The appointment of an investigator shall be for such term
and subject to such other terms and conditions (including
terms and conditions relating to remuneration and allowances
for expenses) as a tribunal may, with the approval of the
responsible Minister, and with the consent of the Minister for
Finance, determine.
(3) Whenever an investigator is so requested by a tribunal by
which he or she was appointed, he or she shall, for the purpose
of assisting it in the performance of its functions and subject
to its direction and control, carry out a preliminary
investigation of any matter material to the inquiry to which the
tribunal relates.
(4) An investigator may, for the purposes of a preliminary
investigation under subsection (3), require a person to
(a) give to him or her such information in the
possession, power or control of the person as he
or she may reasonably request,
(b) send to him or her any documents or things in the
possession, power or control of the person that he
or she may reasonably request, or
(c) attend before him or her and answer such
questions as he or she may reasonably put to the
person and produce any documents or things in
the possession, power or control of the person
that he or she may reasonably request, and the
person shall comply with the requirement.
(5) An investigator may examine a person mentioned in
subsection (4) in relation to any information, documents or
things mentioned in that subsection and may reduce the
answers of the person to writing and require the person to sign
the document containing them.
(6) Where a person mentioned in subsection (4) fails or
refuses to comply with a requirement made to the person by
START OF PAGE 201
an investigator under that subsection, the High Court may, on
application to it in a summary manner in that behalf made by
the investigator with the consent of the tribunal concerned,
order the person to comply with the requirement and make
such other (if any) order as it considers necessary and just to
enable the requirement to have full effect.
(7) A person to whom a requirement under subsection (4) is
made shall be entitled to the same immunities and privileges
as if he or she were a witness before the High Court.
(8) An investigator shall not, without the consent of the
tribunal by which he or she was appointed, disclose other than
to that tribunal any information, documents or things obtained
by him or her in the performance of his or her functions under
this section.
(9) An investigator shall be furnished with a warrant of
appointment and when performing a function under this
section shall, if so requested by a person affected, produce the
warrant or a copy of it to the person.
Explanatory Note
This section is based on section 6 of the Tribunals of Inquiry
(Evidence)(Amendment) Act 2002. See paragraph 5.79.
Publicity
17. (1) A tribunal shall not refuse to allow the public or any
portion of the public to be present at any of the proceedings of
the tribunal unless in the opinion of the tribunal it is in the
public interest expedient so to do for reasons connected with
the subject matter of the inquiry or the nature of the evidence
to be given and, in particular, where there is a risk of prejudice
to criminal proceedings.
(2)The obligation in subsection (1) shall not apply to any
preliminary investigation stage conducted under section 15.
START OF PAGE 202
(3) The obligation imposed by subsection (1) shall be fulfilled
by the circulation to the public present at the proceedings of a
copy, in writing, of a statement that is being adduced as
evidence, where:
(a) a witness is called to give oral evidence and the
written statement forms only part of his or her
evidence; or
(b) the written statement of a witness is not in
dispute between those persons who have been
authorised by the tribunal to be represented,
under section 18, at the part of the proceedings at
which it is being adduced and the tribunal does
not propose to call the witness to give oral
evidence; or
(c) an investigator, appointed by the tribunal under
section 16(1), has examined a witness on tribunal
and obtained a written statement of such
examination.
(4) Subject to subsection (1), a tribunal may, in its discretion,
permit the filming, recording, or broadcasting of such of the
proceedings of the tribunal (subject to an appropriate written
protocol), as the tribunal considers appropriate, having regard
to the following considerations:
(a) the interests of the general public, particularly the
right to have the best available information on
matters of urgent public importance;
(b) the proper conduct and functioning of the tribunal
proceedings;
(c) the legitimate interests of the participants;
(d) the risk of prejudice to criminal proceedings;
(e) any other relevant considerations.
START OF PAGE 203
Explanatory Note
This section is a new section incorporating elements of section 2(a) of
the Tribunals of Inquiry (Evidence) Act 1921. See paragraphs 5.89
and 5.105.
Representation
18. A tribunal shall have the power to authorise the representation
before it of any person appearing to it to be interested to a
relevant extent in any of the matters referred to in its terms of
reference by counsel or solicitor or otherwise, or to refuse to
allow such representation.
Explanatory Note
This section is based on section 2(b) of the Tribunals of Inquiry
(Evidence) Act 1921. See paragraph 5.37.
Powers
19. (1) A tribunal may make such orders as are reasonable and
necessary for the purposes of its functions.
(2) Without prejudice to subsection (1), it may make orders:
(a) enforcing the attendance of witnesses and
examining them on oath, affirmation, or
otherwise;
(b) compelling the production of documents; and
(c) issuing a commission or request to examine
witnesses
START OF PAGE 204
and a summons signed by the tribunal may be substituted for
and shall be equivalent to any formal process capable of being
issued in any action for enforcing the attendance of witnesses
and compelling the production of documents.
(3) A tribunal may issue a commission or request to examine
witnesses whether abroad or within the jurisdiction.
Explanatory Note
This section is based on section 1(1) of the Tribunals of Inquiry
(Evidence) Act 1921 and section 4 of the Tribunals of Inquiry
(Evidence)(Amendment) Act 1979. See paragraph 6.27.
Enforcement by the High Court
20. Where a person fails or refuses to comply with or disobeys an
order of a tribunal, the High Court may, on application to it in
a summary manner in that behalf by the tribunal, order the
person to comply with the order and make such other orders as
it considers necessary and just to enable the order to have full
effect.
Explanatory Note
This section is based on section 4 of the Tribunals of Inquiry
(Evidence)(Amendment) Act 1997. See paragraph 6.61.
Privileges
21. A person who gives evidence to a tribunal or who produces
or sends documents to a tribunal as directed by the tribunal
(a) has the same immunities and privileges in
respect of that evidence or those documents, and
(b) is, in addition to the penalties provided by this
Act, subject to the same liabilities,
as a witness in proceedings in the High Court.
START OF PAGE 205
Explanatory Note
This section is based on section 1(4) of the Tribunals of Inquiry
(Evidence) Act 1921 as inserted by section 2 of the Tribunals of
Inquiry (Evidence)(Amendment) Act 1997. See paragraph 6.65.
Judicial review
22. (1) Without prejudice to any provision of the Constitution, a
person shall not question in a court or otherwise a decision or
determination of a tribunal otherwise than by way of an
application to the High Court for judicial review under Order
84 of the Rules of the Superior Courts 1986 (S.I. No. 15 of
1986) ('the Order').
(2) Subject to subsection (3), an application to the High Court
for leave to apply for judicial review under the Order in
respect of such a decision or determination as aforesaid
(a) shall be made not later than 28 days from the date
of the decision or determination, and
(b) shall be made by motion on notice (grounded in
the manner specified in the Order in respect of a
motion ex parte applying for such leave) to the
tribunal that made the decision or determination,
and such leave shall not be granted unless the High Court is
satisfied that there are substantial grounds for contending that
the decision or determination is invalid or ought to be
quashed.
(3) The High Court may extend the period specified in
subsection (2) if it considers that there is good and sufficient
reason for doing so.
(4) (a) The decision of the High Court on an application
for leave to apply for judicial review, or on an
application for judicial review, of such a decision
or determination as aforesaid shall be final and
no appeal shall lie from the decision to the
START OF PAGE 206
Supreme Court in either case except with the
leave of the High Court, which leave shall be
granted only where the Court certifies that its
decision involves a point of law of exceptional
public importance and that it is desirable in the
public interest that an appeal should be taken to
the Supreme Court.
(b) Paragraph (a) shall not apply to a decision of the
High Court in so far as it involves a question as
to the validity of any law having regard to the
provisions of the Constitution.
(5) References in this section to the Order shall be read as
including references to the Order as amended or replaced
(with or without modification) by rules of court.
Explanatory Note
This is a new section. See paragraphs 8.03.
Directions of the High Court
23. (1) A tribunal may, whenever it considers it appropriate to do
so, apply to the High Court for directions relating to the
performance of the functions of the tribunal or for its
approval of an act or omission proposed to be done or made
by the tribunal for the purposes of such performance.
(2) On an application under subsection (1), the High Court
may give such directions and make such orders as it
considers appropriate.
(3) The High Court may, on application, hear an application
under subsection (1) otherwise than in public if satisfied that
it is appropriate to do so because of
(a) the subject matter in relation to which directions
are sought,
START OF PAGE 207
(b) a risk of prejudice to criminal proceedings, or
(c) any other matter relating to the nature of the
evidence to be given at the hearing of the
application.
(4) The High Court shall give such priority as it reasonably
can, having regard to all the circumstances, to the disposal of
proceedings in the Court under this section.
(5) The Superior Court Rules Committee may, with the
concurrence of the Minister for Justice, Equality and Law
Reform, make rules to facilitate giving effect to subsection
(4).
Explanatory Note
This section is based on section 4(B) of the Tribunals of Inquiry
(Evidence)(Amendment) Act 1997 as inserted by section 3(1) of the
Tribunals of Inquiry (Evidence)(Amendment) Act 2004. See
paragraph 8.09.
Offences
24. (1) If a person
(a) on being duly summoned as a witness before a
tribunal, without just cause or excuse disobeys
the summons, or
(b) being in attendance as a witness refuses to take
an oath or to make an affirmation when legally
required by the tribunal to do so, or to produce
any documents, including things in his or her
power or control legally required by the tribunal
to be produced by him or her, or to answer any
question to which the tribunal may legally
require an answer, or
START OF PAGE 208
(c) willfully gives evidence to a tribunal which is
material to the inquiry to which the tribunal
relates and which he or she knows to be false or
does not believe to be true, or
(d) by act or omission, obstructs or hinders the
tribunal in the performance of its functions, or
(e) fails, neglects or refuses to comply with the
provisions of an order made by the tribunal, or
(f) without reasonable cause, by act or omission
obstructs or hinders an investigator in the
performance of his or her functions, or fails to
comply with a requirement made by that person
under section 16,
the person shall be guilty of an offence.
(2) A person guilty of an offence under this section shall be
liable
(a) on summary conviction, to a fine not exceeding
3,000 or, at the discretion of the court, to
imprisonment for a term not exceeding 12
months or both, and
(b) on conviction on indictment, to a fine not
exceeding 300,000 or, at the discretion of the
court, to imprisonment for a term not exceeding
2 years or both.
(3) A Judge of the District Court shall have jurisdiction to try
summarily an offence under this section if
(a) the judge is of the opinion that the facts proved
or alleged against a defendant charged with such
an offence constitute a minor offence fit to be
tried summarily,
START OF PAGE 209
(b) the Director of Public Prosecutions consents,
and
(c) the defendant (on being informed by the judge of
his right to be tried by a jury) does not object to
being tried summarily.
(4) Section 13 of the Criminal Procedure Act 1967 shall
apply in relation to an offence under this section as if, in lieu
of the penalties specified in subsection (3) of that section,
there were specified therein the penalties provided for by
subsection 2(a) of this section, and the reference in
subsection 2(b) of that section to the penalties provided for in
subsection (3) of that section shall be read accordingly.
(5) Where a body corporate commits an offence under this
Act, each person who was an officer of the body corporate
when the offence was committed is guilty of an offence
against this section if it is proved that he or she
(a) willingly participated in, connived at or
consented to the commission of the offence by
the body corporate, or
(b) knowing that the body corporate was
committing or about to commit that offence,
failed to take all reasonably practicable steps
to prevent its commission.
(6) A person may be proceeded against for an offence under
this section whether or not the body corporate has been
proceeded against or been convicted of the offence
committed by that body.
(7) A person guilty of an offence under this section is liable
to a fine not exceeding the fine for which the body corporate
is liable for the offence.
(8) In this section ''officer'', in relation to a body corporate,
means a director, manager, executive officer, secretary or
START OF PAGE 210
other person concerned in the management of the body
corporate.
(9) A prosecution for an offence under this section may be
brought only by or with the consent of the Director of Public
Prosecutions.
(10) Notwithstanding section 10(4) of the Petty Sessions
(Ireland) Act 1851 proceedings for an offence under this Act
may be instituted at any time within 2 years after the date
alleged to be the date on which the offence was committed.
Explanatory Note
This section is based on section 2A of the Tribunals of Inquiry
(Evidence) Act 1921 as inserted by section 3 of the Tribunals of
Inquiry (Evidence)(Amendment) Act 1979 and as amended by the
Tribunals of Inquiry (Evidence)(Amendment) Act 2002. See
paragraph 6.49.
Suspension
25. (1) The tribunal, or the Government, may at any time, by notice
to the tribunal where it is the Government, suspend an inquiry for
such period as appears to be necessary to allow for
(a) the completion of any other inquiry relating to
any of the matters to which the inquiry relates,
or
(b) the determination of any civil or criminal
proceedings arising out of any of those matters.
(2) The power conferred by subsection (1) may be exercised
whether or not the inquiry or proceedings have begun.
(3) An order may be made under this section only if
(a) a draft of the proposed order and a statement of
the reasons for suspending the tribunal have been
laid before the Houses of the Oireachtas, and
START OF PAGE 211
(b) a resolution approving the draft has been passed
by each House of the Oireachtas.
Explanatory Note
This section is a new section. See paragraph 9.05.
Termination and dissolution
26. A tribunal comes to an end
(a) on the date, after the delivery of the report of the
inquiry, on which the tribunal notifies the
responsible Minister that the inquiry has
fulfilled its terms of reference, or
(b) where at any time it has been resolved, for stated
reasons, by both Houses of the Oireachtas that it
is necessary to terminate the work of the
tribunal, the responsible Minister or the
Government by order dissolves the tribunal.
Explanatory Note
This section is a new section. See paragraph 9.16.
Non-admissibility in criminal proceedings of evidence given to
tribunals
27. (1) A statement or admission made by a person before a
tribunal or when being examined in pursuance of a
commission or request issued this Act, or when being
examined by an investigator under this Act, shall not be
admissible as evidence against that person in any criminal
proceedings (other than proceedings in relation to an offence
under section 24).
(2) Information, documents or other material provided by a
person to or before a tribunal (or an investigator, as the case
may be) whether pursuant to an order or request, which are
START OF PAGE 212
used in evidence, by the tribunal shall not be admissible as
evidence against that person in any criminal proceedings
(other than proceedings in relation to an offence under section
24 and perjury in respect of such information, evidence,
documentation or other material)
(3) For the purposes of subsection (2) ''information, evidence,
document or other material'' includes data, all forms of
writing and other text, images (including maps and
cartographic material), sound, codes, computer programs,
software, databases and speech.
Explanatory Note
This section is a new section incorporating elements of Section 5 of
the Tribunals of Inquiry (Evidence) (Amendment) Act 1979. See
paragraph 10.38.
PART 4
REPORTS
Preparation of the report
28. (1) On the conclusion of its inquiry, a tribunal shall prepare a
written report, based on the evidence received by it, setting
out the facts it established in relation to the matters referred to
it for inquiry and such other matters, including
recommendations, as it considers appropriate.
(2) If for any reason (including insufficient, conflicting or
inconsistent evidence) a tribunal considers that the facts
relating to a particular issue have not been established, the
tribunal in its report
(a) shall identify the issue, and
(b) may indicate its opinion as to the quality and
weight of any evidence relating to the issue.
START OF PAGE 213
(3) A tribunal may omit from its report any information that
identifies or that could reasonably be expected to lead to the
identification of a person who gave evidence to the tribunal
or any other person, if in its opinion
(a) the context in which the person was identified
has not been clearly established,
(b) disclosure of the information might prejudice any
criminal proceedings that are pending or in
progress,
(c) disclosure of the information would not be in the
interests of the inquiry, or
(d) it would not be in the person's interests to have
his or her identity made public and the omission
of the information would not be contrary to the
interests of the inquiry.
(4) The tribunal shall endeavour to submit the report to the
responsible Minister within the time frame specified in
section 8 or 9.
Explanatory Note
This section is a new section. See paragraph 10.16.
Interim reports
29. (1) If requested by the responsible Minister, a tribunal shall
make interim reports to him or her at the intervals stated in the
request.
(2) The responsible Minister may request an interim report on
the general progress of the inquiry of a tribunal or on a
particular aspect of the inquiry.
(3) If a tribunal requests that the time frame for submitting its
final report be revised under section 9, the tribunal shall
START OF PAGE 214
submit an interim report to the responsible Minister with the
request.
Explanatory Note
This section is a new section. See paragraph 10.16.
Publication of the report
30. (1) The responsible Minister
(a) shall cause the final report of a tribunal to be
published as soon as possible after it is
submitted to him or her, and
(b) may, at his or her discretion and following
consultation with the tribunal, cause an interim
report to be published, unless publication would
hinder or impair the inquiry.
(2) If the responsible Minister considers that the publication of
the final report or an interim report of the tribunal might
prejudice any criminal proceedings that are pending or in
progress, he or she shall apply to the High Court for directions
concerning the publication of the report.
(3) Before determining an application under subsection (2) in
respect of a report of a tribunal, the High Court shall direct
that notice be given to the following
(a) the Attorney General;
(b) the Director of Public Prosecutions;
(c) a person who is a defendant in criminal
proceedings relating to an act or omission that is
mentioned in the report or that is related to any
matter investigated by the tribunal and
mentioned in the report.
START OF PAGE 215
(4) On an application under subsection (2), the High Court
may
(a) receive submissions, and evidence tendered, by
or on behalf of any person mentioned in
subsection (3), and
(b) hear the application in private if the High Court
considers it appropriate to do so.
(5) If, after hearing the application, the High Court considers
that the publication of the report might prejudice any criminal
proceedings, it may direct that the report or a specified part of
it be not published
(a) for a specified period, or
(b) until the High Court otherwise directs.
(6) An application under subsection (1) may be heard
otherwise than in public if the Court considers that it is
appropriate to do so.
Explanatory Note
This section is based on section 3 of the Tribunals of Inquiry
(Evidence) Act 2002. See paragraph 10.16.
Admissibility of reports in civil proceedings
31. A report shall be admissible in any civil proceedings as
evidence
(a) of the facts set out therein without further proof
unless the contrary is shown, and
(b) of the opinion of the tribunal in relation to any
matter contained in the report.
START OF PAGE 216
Explanatory Note
This section is a new section. See paragraph 10.53.
PART 5
COSTS AND REPEALS
Costs
32. (1) Where a tribunal is of opinion that, having regard to
(a) the findings of the tribunal in relation to its
subject matter as indicated in the terms of the
resolution passed by each House of the
Oireachtas relating to the establishment of the
tribunal,
(b) and all other relevant matters, (including failing
to co-operate with or provide assistance to, or
knowingly giving false or misleading
information to the tribunal and the means of a
party),
there are sufficient reasons rendering it equitable to do so, the
tribunal may by order direct that the whole or part of the
costs of any person appearing before the tribunal by counsel
or solicitor, as taxed by a Taxing Master of the High Court,
shall be paid to the person by any other person named in the
order.
(2) Where any costs referred to in subsection (1) have been
incurred before the appointment of any member of a tribunal
or, in the case of a tribunal consisting of one member the
appointment of that one member, the tribunal
(a) may make an order under subsection (1) in
relation to any costs referred to in that subsection
that were incurred before such appointment and
START OF PAGE 217
that have not already been determined in
accordance with that subsection, and
(b) shall, for that purpose, have regard to any report
of the tribunal relating to its proceedings in the
period before such appointment.
(3) Any sum payable by the Minister for Finance pursuant to
an order under this section shall be paid out of moneys
provided by the Oireachtas.
Explanatory Note
This section is based on section 6(1) of the Tribunals of Inquiry
(Evidence) Acts 1979. See paragraph 7.19.
Expenses
33. (1) If the Minister for Finance is the responsible Minister in
relation to a tribunal, any expenses incurred by him or her in
the administration of this Act shall be paid out of money
provided by the Oireachtas.
(2) If any other Minister is the responsible Minister in
relation to a tribunal, any expenses incurred by him or her in
the administration of this Act shall, to such extent as may be
sanctioned by the Minister for Finance, be paid out of money
provided by the Oireachtas.
Amendment of Commissions of Investigation Act 2004
34. The Commissions of Investigation Act 2004 is amended as
follows:
(a) in section 2, the definition of "tribunal" shall be
replaced by the following: '"tribunal" means a
tribunal of inquiry appointed under the
Tribunals of Inquiry Act 2005.'
START OF PAGE 218
(b) by the deletion of section 23(3) and the
renumbering of section 23(4) as section 23(3).
Explanatory Note
See paragraph 1.29.
Repeals and consequential provisions
35. (1) The Tribunals of Inquiry (Evidence) Acts 1921 to 2004
are repealed.
(2) Notwithstanding the repeal by this Act of the Tribunals of
Inquiry (Evidence) Acts 1921 to 2004, where any tribunal of
inquiry stands established under those Acts prior to the
coming into force of this Act, the provisions of those Acts
shall continue to apply to those tribunals as if those Acts had
not been repealed.
START OF PAGE 219
13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.
APPENDIX B LIST OF LAW REFORM COMMISSION
PUBLICATIONS
First Programme for Examination of
Certain Branches of the Law with a
View to their Reform (December
1976) (Prl 5984)
0.13
Working Paper No 1-1977, The Law
Relating to the Liability of Builders,
Vendors and Lessors for the Quality
and Fitness of Premises (June 1977)
1.40
Working Paper No 2-1977, The Law
Relating to the Age of Majority, the
Age for Marriage and Some
Connected Subjects (November 1977)
1.27
Working Paper No 3-1977, Civil
Liability for Animals
(November 1977)
3.17
First (Annual) Report (1977)
(Prl 6961)
0.51
Working Paper No 4-1978, The Law
Relating to Breach of Promise of
Marriage (November 1978)
1.27
START OF PAGE 220
Working Paper No 5-1978, The Law
Relating to Criminal Conversation
and the Enticement and Harbouring of
a Spouse (December 1978)
1.27
Working Paper No 6-1979, The Law
Relating to Seduction and the
Enticement and Harbouring of a Child
(February 1979)
1.90
Working Paper No 7-1979, The Law
Relating to Loss of Consortium and
Loss of Services of a Child
(March 1979)
1.27
Working Paper No 8-1979, Judicial
Review of Administrative Action: the
Problem of Remedies
(December 1979)
1.90
Second (Annual) Report (1978/79)
(Prl 8855)
0.95
Working Paper No 9-1980, The Rule
Against Hearsay (April 1980)
2.54
Third (Annual) Report (1980)
(Prl 9733)
0.95
First Report on Family Law
Criminal Conversation, Enticement
and Harbouring of a Spouse or Child,
Loss of Consortium, Personal Injury
to a Child, Seduction of a Child,
Matrimonial Property and Breach of
Promise of Marriage (LRC 1-1981)
(March 1981)
2.54
START OF PAGE 221
Working Paper No 10-1981,
Domicile and Habitual Residence as
Connecting Factors in the Conflict of
Laws (September 1981)
2.22
Fourth (Annual) Report (1981)
(Pl 742)
0.95
Report on Civil Liability for Animals
(LRC 2-1982) (May 1982)
1.27
Report on Defective Premises (LRC
3-1982) (May 1982)
1.27
Report on Illegitimacy (LRC 4-1982)
(September 1982)
4.44
Fifth (Annual) Report (1982)
(Pl 1795)
0.95
Report on the Age of Majority, the
Age for Marriage and Some
Connected Subjects (LRC 5-1983)
(April 1983)
1.90
Report on Restitution of Conjugal
Rights, Jactitation of Marriage and
Related Matters (LRC 6-1983)
(November 1983)
1.27
Report on Domicile and Habitual
Residence as Connecting Factors in
the Conflict of Laws (LRC 7-1983)
(December 1983)
1.90
Report on Divorce a Mensa et Thoro
and Related Matters (LRC 8-1983)
(December 1983)
3.81
START OF PAGE 222
Sixth (Annual) Report (1983)
(Pl 2622)
1.27
Report on Nullity of Marriage (LRC
9-1984) (October 1984)
4.44
Working Paper No 11-1984,
Recognition of Foreign Divorces and
Legal Separations (October 1984)
2.54
Seventh (Annual) Report (1984)
(Pl 3313)
1.27
Report on Recognition of Foreign
Divorces and Legal Separations
(LRC 10-1985) (April 1985)
1.27
Report on Vagrancy and Related
Offences (LRC 11-1985) (June 1985)
3.81
Report on the Hague Convention on
the Civil Aspects of International
Child Abduction and Some Related
Matters (LRC 12-1985) (June 1985)
2.54
Report on Competence and
Compellability of Spouses as
Witnesses (LRC 13-1985) (July 1985)
3.17
Report on Offences Under the Dublin
Police Acts and Related Offences
(LRC 14-1985) (July 1985)
3.17
Report on Minors' Contracts
(LRC 15-1985) (August 1985)
4.44
Report on the Hague Convention on
the Taking of Evidence Abroad in
Civil or Commercial Matters
(LRC 16-1985) (August 1985)
2.54
START OF PAGE 223
Report on the Liability in Tort of
Minors and the Liability of Parents for
Damage Caused by Minors
(LRC 17-1985) (September 1985)
3.81
Report on the Liability in Tort of
Mentally Disabled Persons
(LRC 18-1985) (September 1985)
2.54
Report on Private International Law
Aspects of Capacity to Marry and
Choice of Law in Proceedings for
Nullity of Marriage (LRC 19-1985)
(October 1985)
4.44
Report on Jurisdiction in Proceedings
for Nullity of Marriage, Recognition
of Foreign Nullity Decrees, and the
Hague Convention on the Celebration
and Recognition of the Validity of
Marriages (LRC 20-1985)
(October 1985)
2.54
Eighth (Annual) Report (1985)
(Pl 4281)
1.27
Report on the Statute of Limitations:
Claims in Respect of Latent Personal
Injuries (LRC 21-1987)
(September 1987)
5.71
Consultation Paper on Rape
(December 1987)
7.62
Report on the Service of Documents
Abroad re Civil Proceedings -the
Hague Convention (LRC 22-1987)
(December 1987)
2.54
START OF PAGE 224
Report on Receiving Stolen Property
(LRC 23-1987) (December 1987)
8.89
Ninth (Annual) Report (1986-1987)
(Pl 5625)
1.90
Report on Rape and Allied Offences
(LRC 24-1988) (May 1988)
3.81
Report on the Rule Against Hearsay
in Civil Cases (LRC 25-1988)
(September 1988)
3.81
Report on Malicious Damage (LRC
26-1988) (September 1988)
5.08
Report on Debt Collection: (1) The
Law Relating to Sheriffs (LRC 27-
1988) (October 1988)
6.35
Tenth (Annual) Report (1988)
(Pl 6542)
1.90
Report on Debt Collection: (2)
Retention of Title (LRC 28-1988)
(April 1989)
5.08
Report on the Recognition of Foreign
Adoption Decrees (LRC 29-1989)
(June 1989)
6.35
Report on Land Law and
Conveyancing Law: (1) General
Proposals (LRC 30-1989) (June 1989)
6.35
Consultation Paper on Child Sexual
Abuse (August 1989)
12.70
START OF PAGE 225
Report on Land Law and
Conveyancing Law: (2) Enduring
Powers of Attorney (LRC 31-1989)
(October 1989)
5.08
Eleventh (Annual) Report (1989)
(Pl 7448)
1.90
Report on Child Sexual Abuse
(LRC 32-1990) (September 1990)
8.89
Report on Sexual Offences against the
Mentally Handicapped
(LRC 33-1990) (September 1990)
5.08
Report on Oaths and Affirmations
(LRC 34-1990) (December 1990)
6.35
Report on Confiscation of the
Proceeds of Crime (LRC 35-1991)
(January 1991)
7.62
Consultation Paper on the Civil Law
of Defamation (March 1991)
25.39
Report on the Hague Convention on
Succession to the Estates of Deceased
Persons (LRC 36-1991) (May 1991)
8.89
Twelfth (Annual) Report (1990)
(Pl 8292)
1.90
Consultation Paper on Contempt of
Court (July 1991)
25.39
Consultation Paper on the Crime of
Libel (August 1991)
13.97
Report on the Indexation of Fines
(LRC 37-1991) (October 1991)
8.25
START OF PAGE 226
Report on the Civil Law of
Defamation (LRC 38-1991)
(December 1991)
8.89
Report on Land Law and
Conveyancing Law: (3) The Passing
of Risk from Vendor to Purchaser
(LRC 39-1991) (December 1991); (4)
Service of Completion Notices (LRC
40-1991) (December 1991)
7.62
Thirteenth (Annual) Report (1991) (PI
9214)
2.54
Report on the Crime of Libel (LRC
41-1991) (December 1991)
5.08
Report on United Nations (Vienna)
Convention on Contracts for the
International Sale of Goods 1980
(LRC 42-1992) (May 1992)
10.16
Report on the Law Relating to
Dishonesty (LRC 43-1992)
(September 1992)
25.39
Land Law and Conveyancing Law:
(5) Further General Proposals (LRC
44-1992) (October 1992)
7.62
Consultation Paper on Sentencing
(March 1993)
25.39
Consultation Paper on Occupiers'
Liability (June 1993)
12.70
Fourteenth (Annual) Report (1992)
(PN 0051)
2.54
START OF PAGE 227
Report on Non-Fatal Offences
Against The Person (LRC 45-1994)
(February 1994)
25.39
Consultation Paper on Family Courts
(March 1994)
12.70
Report on Occupiers' Liability
(LRC 46-1994) (April 1994)
7.62
Report on Contempt of Court
(LRC 47-1994) (September 1994)
12.70
Fifteenth (Annual) Report (1993)
(PN 1122)
2.54
Report on the Hague Convention
Abolishing the Requirement of
Legalisation for Foreign Public
Documents (LRC 48-1995)
(February 1995)
12.70
Consultation Paper on Intoxication as
a Defence to a Criminal Offence
(February 1995)
12.70
Report on Interests of Vendor and
Purchaser in Land during the period
between Contract and Completion
(LRC 49-1995) (April 1995)
10.16
An Examination of the Law of Bail
(LRC 50-1995) (August 1995)
12.70
Sixteenth (Annual) Report (1994)
(PN 1919)
2.54
Report on Intoxication
(LRC 51-1995) (November 1995)
2.54
START OF PAGE 228
Report on Family Courts
(LRC 52-1996) (March 1996)
12.70
Seventeenth (Annual) Report (1995)
(PN 2960)
3.17
Report on Sentencing (LRC 53-1996)
(August 1996)
10.16
Consultation Paper on Privacy:
Surveillance and the Interception of
Communications (September 1996)
25.39
Report on Personal Injuries: Periodic
Payments and Structured Settlements
(LRC 54-1996) (December 1996)
12.70
Eighteenth (Annual) Report (1996)
(PN 3760)
7.62
Consultation Paper on the
Implementation of The Hague
Convention on Protection of Children
and Co-operation in Respect of
Intercountry Adoption, 1993
(September 1997)
12.70
Report on The Unidroit Convention
on Stolen or Illegally Exported
Cultural Objects (LRC 55-1997)
(October 1997)
19.05
Report on Land Law and
Conveyancing Law; (6) Further
General Proposals including the
execution of deeds (LRC 56-1998)
(May 1998)
10.16
START OF PAGE 229
Consultation Paper on Aggravated,
Exemplary and Restitutionary
Damages (May 1998)
19.05
Nineteenth (Annual) Report (1997)
(PN 6218)
3.81
Report on Privacy: Surveillance and
the Interception of Communications
(LRC 57-1998) (June 1998)
25.39
Report on the Implementation of the
Hague Convention on Protection of
Children and Co-operation in Respect
of Intercountry Adoption, 1993
(LRC 58-1998) (June 1998)
12.70
Consultation Paper on the Statutes of
Limitation: Claims in Contract and
Tort in Respect of Latent Damage
(Other Than Personal Injury)
(November 1998)
6.35
Twentieth (Annual) Report (1998)
(PN 7471)
3.81
Consultation Paper on Statutory
Drafting and Interpretation: Plain
Language and the Law
(LRC CP14-1999) (July 1999)
7.62
Consultation Paper on Section 2 of
the Civil Liability (Amendment) Act,
1964: The Deductibility of Collateral
Benefits from Awards of Damages
(LRC CP15-1999) (August 1999)
9.52
Report on Gazumping (LRC 59-1999)
(October 1999)
6.35
START OF PAGE 230
Twenty First (Annual) Report (1999)
(PN 8643)
3.81
Report on Aggravated, Exemplary
and Restitutionary Damages
(LRC 60-2000) (August 2000)
7.62
Second Programme for examination
of certain branches of the law with a
view to their reform: 2000-2007
(PN 9459) (December 2000)
6.35
Consultation Paper on the Law of
Limitation of Actions arising from
Non-Sexual Abuse Of Children
(LRC CP16-2000) (September 2000)
7.62
Report on Statutory Drafting and
Interpretation: Plain Language and
the Law (LRC 61-2000)
(December 2000)
7.62
Report on the Rule against
Perpetuities and Cognate Rules
(LRC 62-2000) (December 2000)
10.16
Report on the Variation of Trusts
(LRC 63-2000) (December 2000)
7.62
Report on The Statutes of Limitations:
Claims in Contract and Tort in
Respect of Latent Damage (Other
than Personal Injury) (LRC 64-2001)
(March 2001)
7.62
Consultation Paper on Homicide: The
Mental Element in Murder
(LRC CP17-2001) (March 2001)
6.35
START OF PAGE 231
Seminar on Consultation Paper:
Homicide: The Mental Element in
Murder (LRC SP 1-2001)
-
Twenty Second (Annual) Report
(2000) (PN 10629)
3.81
Consultation Paper on Penalties for
Minor Offences (LRC CP18-2002)
(March 2002)
5.00
Consultation Paper on Prosecution
Appeals in Cases brought on
Indictment (LRC CP19-2002)
(May 2002)
6.00
Report on the Indexation of Fines: A
Review of Developments
(LRC 65-2002) (July 2002)
5.00
Twenty Third (Annual) Report (2001)
(PN 11964)
5.00
Report on the Acquisition of
Easements and Profits ΰ Prendre by
Prescription (LRC 66-2002)
(December 2002)
5.00
Report on Title by Adverse
Possession of Land (LRC 67-2002)
(December 2002)
5.00
Report on Section 2 of the Civil
Liability (Amendment) Act 1964: The
Deductibility of Collateral Benefits
from Awards of Damages
(LRC 68-2002) (December 2002)
6.00
START OF PAGE 232
Consultation Paper on Judicial
Review Procedure (LRC CP20-2003)
(January 2003)
6.00
Report on Penalties for Minor
Offences (LRC 69-2003)
(February 2003)
6.00
Consultation Paper on Business
Tenancies (LRC CP 21-2003)
(March 2003)
5.00
Report on Land Law and
Conveyancing Law: (7) Positive
Covenants over Freehold Land and
other Proposals (LRC 70-2003)
(March 2003)
5.00
Consultation Paper on Public
Inquiries Including Tribunals of
Inquiry (LRC CP 22 2003)
(March 2003)
5.00
Consultation Paper on The Law and
the Elderly (LRC CP 23 2003)
(June 2003)
5.00
Consultation Paper on A Fiscal
Prosecutor and A Revenue Court
(LRC CP 24 2003) (July 2003)
6.00
Consultation Paper on Multi-Party
Litigation (Class Actions)
(LRC CP 25 2003) (July 2003)
6.00
Consultation Paper on Corporate
Killing (LRC CP 26 2003)
(October 2003)
6.00
START OF PAGE 233
Consultation Paper on Homicide: The Plea of
Provocation (LRC CP 27 2003) (October
2003)
6.00
Seminar on Consultation Paper: Law and the
Elderly (LRC SP 2-2003)(November 2003)
Twenty Fourth (Annual) Report (2002)
5.00
Consultation Paper on General Law
of Landlord and Tenant
(LRC CP 28 2003)
(December 2003)
10.00
Report on Judicial Review Procedure
(LRC 71-2004) (February 2004)
10.00
Consultation Paper on the Establishment
of a DNA Database (LRC CP 29-2004)
(March 2004)
10.00
Consultation Paper on Judgment Mortgages
(LRC CP 30-2004) (March 2004)
6.00
Consultation Paper on the Court Poor Box
(LRC CP 31-2004) (March 2004)
10.00
Consultation Paper on the Rights
and Duties of Cohabitees
(LRC CP 32 2004) (April 2004)
10.00
Consultation Paper on Prosecution
Appeals from Unduly Lenient
Sentences in the District Court
(LRC CP 33-2004) (October 2004)
10.00
Twenty Fifth (Annual) Report (2003)
(PN 3427)
5.00
START OF PAGE 234
Report on a Fiscal Prosecutor and
A Revenue Court (LRC 72-2004)
(December 2004)
10.00
Consultation Paper on Trust Law
General Proposals (LRC CP 35-2005)
(February 2005)
10.00
Consultation Paper on Charitable Trust
Law General Proposals
(LRC CP 36-2005) (February 2005)
10.00
Consultation Paper on Vulnerable Adults
and the Law: Capacity (LRC CP 37-2005)
(May 2005)
10.00