Dáil Éireann Debate, Tuesday - 9 May 2023
432. Deputy Carol Nolan asked the Minister for Justice if he will list all reviews of Acts carried out by his Department in line with the provisions of the Act question from 2000 to date; if a summary will be provided of any substantive amendments of the Act in question that occurred on foot of each review and the amending legislation, if any, in each case; and if he will make a statement on the matter. [21188/23]
Amharc ar fhreagraIt has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.
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Act Reviewed |
Summary of Amendment |
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Act Reviewed |
Summary of Amendment |
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Defamation Act 2009 |
Section 5(1) of the Defamation Act 2009 provides for a review by the Minister of the Act’s operation, not later than 5 years after the passing of the Act. The Review has been completed, and its Report was published on the Department of Justice website on 1 March 2022. On 28 March 2023, the Minister published the General Scheme of the Defamation (Amendment) Bill, which proposes to give effect to the recommendations of the Review. The General Scheme has been referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. The main changes provided under the General Scheme are set out at: www.gov.ie/en/press-release/2488e-minister-harris-publishes-draft-legislation-to-reform-irelands-defamation-laws/ |
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Personal Insolvency Act 2012 |
Section 141 of the Personal Insolvency Act 2012 required a review of the operations of Chapter 3 of the Act within three years. This review is expected to be completed soon. Significant amendments were made to the Act in 2013, 2015 and 2021. |
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Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 |
Section 95 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 provides for a review of the operation of Part 10 of the Act to be carried out within 6 years of commencement of section 95. A review is currently in progress and is at an early stage. |
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Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 |
Section 61(1) of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (the 2015 Act) sets out a statutory requirement for a review to be carried out of the operation of the amendments to the Garda Síochána Act 2005 made by the 2015 Act in relation to the Policing Authority. This statutory review is required to be commenced not later than 5 years after the establishment of the Authority and, under Section 62(2) of the 2015 Act, must be completed within 1 year of commencement, with a report of the findings to be prepared thereafter. The Policing Authority was established on 1 January 2016, meaning that the review had to be completed by 31 December 2021. Section 61(3) of the 2015 Act requires the Minister for Justice, in consultation with the Minister for Public Expenditure and Reform, to prepare a report setting out the review’s findings. Section 61(4) of the 2015 Act provides that this report be laid before each House of the Oireachtas as soon as practicable. The review of the operation of the amendments was, in effect, incorporated into the comprehensive review of all aspects of policing (including the totality of the governance and oversight arrangements) undertaken by the Commission on the Future of Policing in Ireland (COFPI) established by the then Government in May 2017. COFPI published its report (http://www.policereform.ie/) in September 2018. COFPI recommended a new framework of policing oversight in Ireland in which all the parts would have clear and distinct roles, founded on a clear delineation between democratic accountability, internal governance of An Garda Síochána and independent external oversight. Amongst its specific recommendations was the creation of a new independent external oversight body to replace the Policing Authority and the Garda Síochána Inspectorate. This successor body would merge the existing broad ranging oversight functions of the Policing Authority and the inspection functions of the Garda Síochána Inspectorate. COFPI’s recommendations were accepted by the then Government in December 2018. In consequence a Bill to provide for a new coherent governance and oversight framework for policing to replace the 2005 Act (as amended) in full – including the creation of an independent oversight body to succeed both the Policing Authority and the Garda Síochána Inspectorate – has been prepared. This Bill – the Policing, Security and Community Safety Bill – went through Committee Stage in the Oireachtas on 9th May 2023. As required by Section 61(3) of the 2015 Act, a report setting out the findings of the 2018 COFPI report as they relate to the operation of the amendments made to the Garda Síochána Act 2005 by the 2015 Act in relation to the Policing Authority was prepared in 2022. Finalisation of the report was delayed due to the constraints caused by the Covid 19 pandemic. In line with section 61(4) of the 2015 Act, Report of the Review of the Operation of the Amendments of the Garda Síochána Act 2005 made by the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 insofar as those amendments relate to the Policing Authority was laid before both Houses of the Oireachtas on 14 November 2022. |
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Criminal Law (Sexual Offences) Act 2017 |
Section 27 of the Criminal Law (Sexual Offences) Act 2017 provides for the review of the operation of Part 4 of the Act to be carried out within three years of commencement. This review is ongoing. |
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Data Protection Act 2018 |
Section 31 of the Data Protection Act 2018 fulfils the requirement of Article 8 of GDPR to establish a digital age of consent. Section 31(1) of the legislation set the age at 16, Section 31(3) of the Act states that the Minister shall commence a review of the operation of subsection (1). This review is currently underway. |
