CLMP Bill 2011 - Regulatory Impact Analysis June 2011 Bill 2011 - Regulatory Impact... ·...

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APPENDIX 4

Civil Law (Miscellaneous Provisions) Bill 2011

Regulatory Impact Analysis (Final) June 2011

(Parts 2, 3, 4, 6, 7, 9 and 15 of the Bill)

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What are the policy objectives being pursued?

1. To provide legal advice in relation to criminal matters to victims and alleged

victims of human trafficking to enable the Irish Government comply fully with

its commitments under international instruments relating to human trafficking.

What policy options have been considered? Please summarise the costs, benefits and impacts relating to each below and

indicate whether a preferred option has been identified.

1. Do Nothing.

2. Effect a technical amendment to section 26 of the Civil Legal Aid Act 1995

which will permit the Legal Aid Board to provide legal advice in relation to

criminal matters to alleged victims of trafficking offences, acting as witnesses

in prosecutions taken under the Criminal Law (Human Trafficking) Act 2008

and enable the State to meet its commitments under the relevant international

instruments relating to human trafficking.

Consultation Process The High Level Interdepartmental Group established to report to the then Minister for

Justice and Law Reform on the most appropriate response to preventing and

combating human trafficking considered that the Legal Aid Board were in the best

position to provide legal services required by alleged victims and victims of human

trafficking speedily, efficiently and in the most cost effective fashion. The High Level

Group took account of discussions at a Roundtable Forum on Trafficking in Human

Summary of Regulatory Impact Analysis (RIA)

Department/Office:

Department of Justice &

Equality

Title of Legislation:


Part 2: Legal Aid and Advice for Potential and

Suspected Victims of Human Trafficking

Stage: Final -ready for

publication

Date: June 2011

Related publications:

Available to view or

download at:

http://www.justice.ie

Contact for enquiries: Marion Walsh Telephone: +353-1-6028879

eMail: [email protected] or

Mick Quinn Telephone: +353-1-6028853

eMail:[email protected]

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Beings made up of the relevant State Agencies, Non-Governmental Organisations

and International Organisations and at the Multidisciplinary Working Group set up to

examine the development of a National Referral Mechanism for victims of trafficking

in human beings,

Preferred Option:

Option 2 above is the preferred option, as no other option can enable the

Government to comply fully with the relevant provisions in the International

Instruments relating to human trafficking.

It is proposed that the legal advice will be provided on a statutory basis through a

dedicated Unit who the Legal Aid Board consider to be in a better position to

provide speedily and in the most cost effective manner the services required by the

international instruments than Legal Aid Board Law Centres or a private firm of

solicitors given their knowledge and experience of human trafficking. This view is

endorsed by Government in the context of approval of the publication of the

National Action Plan To Prevent and Combat Trafficking in Human Beings in

Ireland 2009 - 2012.

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OPTIONS

COSTS BENEFITS IMPACTS

1 None.

None. The commitment in the

Programme for

Government to enable the

relevant provisions in the

international instruments

against human trafficking

cannot be fully met.

2 Cost for Exchequer

• some additional

costs will be

incurred by the

Legal Aid Board.

These are difficult

to estimate, but are

not considered to

be significant.

• Some 51 alleged

victims of human

trafficking have

been referred to the

Legal Aid Board

for legal advice

between 1

November 2009

and 31 May 2011.

• Sanction was

obtained from the

Department of

Finance in June

2009 to authorise

the Legal Aid

Board (LAB) to

provide legal

advice to victims

and alleged victims

of human

trafficking for

sexual or labour

exploitation or for

the removal of their

body organs.

Achievement of the

Programme for

Government

commitment to

ratification of

(a) the Council of

Europe Convention on

Action Against

Trafficking in Human

Beings, and

(b) the Protocol to

Prevent, Suppress and

Punish Trafficking in

Persons, especially

Women and Children,

supplementing the

United Nations

Convention against

Transnational

Organised Crime

(known as the Palermo

Protocol). And

transposition of

(c ) the Directive of the

European Parliament

and of the Council on

preventing and

combating trafficking in

human beings and

protecting its victims

and replacing Council

Framework Decision

2002/629/JHA.

• Positive impact on

service provision

to victims of

human trafficking.

• Provide best

advice to victims

and alleged victims

of human

trafficking on the

implications for

them of the

criminal issues

related to

trafficking in

human beings.

• Ratification by

Ireland of relevant

international

instruments against

human trafficking.

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OPTIONS



Department/Office:

Department of Justice

and Equality

Title of Legislation: Civil Law (Miscellaneous

Provisions) Bill 2011, Part 3: Good Samaritans, etc.

Stage: Final - Ready for publication

Date: June 2011

Related Publications: Law Reform Commission Report on the Civil Liability of Good Samaritans and

Volunteers (LRC 93-2009)

Available to view or download at: http://www.justice.ie

Contact for enquiries: Mr John Kenny Telephone: +353 1 4790248

POLICY OPTIONS:

1. Do nothing so that the common law position on the civil liability of good

samaritans and volunteers remains.

2. Draft a stand-alone Bill on the civil liability of good samaritans and volunteers for

publication by the Minister for Justice and Equality, taking into account the

recommendations of the Law Reform Commission on this issue.

3. Insert provisions into the proposed Civil Law (Miscellaneous Provisions) Bill 2011

to provide for the civil liability of good samaritans and volunteers, taking into account

the Law Reform Commission's recommendations.

Preferred Option:

Option 3 above is the preferred option as it can achieve the objectives of the

legislation and within the shortest timeframe.

OPTIONS


1 The costs of allowing

the common law

position on the civil

liability of good

samaritans and

volunteers prevail

without any statutory

clarification cannot be

quantified. However,

research has shown

that fear of civil

None. The perception that there

is a risk of civil liability

on individuals and groups

who provide assistance or

services on an ex gratia

basis will continue. This

perception may continue

to hamper volunteerism

and prevent voluntary

organisations from

drawing up guidelines for

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liability hampers

volunteerism and may

prevent individuals

and groups from

providing services and

assistance to injured

or needy parties, thus

placing the costs of

those services entirely

on the State. In

addition, voluntary

organisations arguably

seek unnecessarily

comprehensive levels

of insurance cover for

their activities.

their members.

2 Costs to the

Exchequer in placing

the civil liability of

good samaritans and

volunteers on a

statutory footing are

likely to be negligible

as the statutory

provisions largely

reflect the common

law position. Any

lowering of the

standard of care

arguably brought in by

this legislation could

result in some injured

persons utilising

public health services

as the option of suing

the good samaritan

and volunteer may be

closed to them.

• This legislation will

provide clarification of

the law on the civil

liability of good

samaritans and

volunteers.

• If society is reassured

that civil liability will

not be imposed on

persons engaged in

voluntary or emergency

assistance activities,

except in cases of gross

negligence, then it is

expected that

volunteerism will be

encouraged to the

benefit of the State as a

whole.

• Most of the

recommendations

contained in the Law

Reform Commission

report (LRC 93-2009)

will be implemented

with the passing of this

legislation.

3 As per option 2. • As per option 2.

• In addition, placing the

provisions within the

proposed Civil Liability

(Miscellaneous

Provisions) Bill 2011

would be a more

efficient use of the

legislation process and

would quicken

implementation of the

• As per option 2.

• In addition, the

legislation could be

passed more quickly

using this Bill as a

vehicle than if there

were a separate Bill to

provide exclusively for

the civil liability of

good samaritans and

volunteers.

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Description of Policy Context and Objectives:

1. To provide a statutory framework over the civil liability of good samaritans

and volunteers in order to provide clarity on the common law position.

2. To provide clarity and reassurance for individuals and groups involved in or

considering involvement in voluntary work or the provision of emergency

assistance to injured parties.

3. To encourage and support volunteerism for the benefit of society as a whole.

4. To provide clarity and reassurance in statute form that those who are injured

through the negligence of others are entitled to expect recompense. This may

have a beneficial impact on insurance premia in the long term.

5. To implement many of the recommendations of the Law Reform Commission

in its Report on the Civil Liability of Good Samaritans and Volunteers,

published in May 2009. The LRC report was commissioned by the Attorney

General in 2006.

6. To support the work of the Active Citizenship Office, which was established

under the Department of the Taoiseach as a result of a 2007 recommendation

of the Taskforce on Active Citizenship.

7. To reflect developments in volunteerism internationally, as evidenced by the

2009 National Conference on Volunteering and Service in the United States

and the EU Commission proposal to make 2011 the "European Year of

Volunteering".

Consultation process leading to Good Samaritans and Volunteers legislation: Following the 2006 referral by the Attorney General of the subject of the civil liability

of good samaritans, volunteers and volunteer organisations to the Law Reform

Commission, the Commission published its Consultation Paper on the Civil Liability

of Good Samaritans and Volunteers in November 2007, which included provisional

recommendations. In May 2008, the Commission held a seminar on the Consultation

Paper. The views expressed at the seminar and those made in written submissions

were considered in the preparation of the Commission's final Report and

recommendations published in 2009.

The Commission has particularly acknowledged the contributions made by bodies

such as the Task Force on Active Citizenship, the Irish Mountain Rescue Association

and Croí, as well as Professor William Binchy, Regius Professor of Laws, at Trinity

College Dublin.

Law Reform

Commission's

recommendations.

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In addition, the Commission took account of the 2007 Report of the Taskforce on

Active Citizenship, which noted that a wide range of initiatives were required to

encourage active participation in community and society activities, and recommended

the establishment of an Active Citizenship Office. On foot of this, the Active

Citizenship Office was established in the Department of the Taoiseach and a Steering

Group was established in 2008 to oversee implementation of the Taskforce's

recommendations. The comments by the Taskforce on Active Citizenship were

supported in the views expressed to the Commission by a number of organisations in

the volunteering sector during the consultation process leading to the final Report.

The potential for civil liability, remains a concern for some potential volunteers. In

that respect, voluntary organisations expressed the view that the enactment of

legislation setting out clearly the scope and extent of the civil liability of good

samaritans and volunteers would have the value of clarifying the law for potential

volunteers and voluntary organisations.

The Commission's Report followed the Department of Health's appointment of a

National Task Force on Sudden Cardiac Death Syndrome. The report of the Task

Force, entitled Reducing the Risk: A Strategic Approach, was published in 2006. The

Health Service Executive (HSE) has been involved in implementing the

recommendations in the 2006 Report. This has included the launch of the HSE's

Cardiac First Response Guide, which provides detailed guidance for local

communities and groups who wish to establish a first response team, including the use

of defibrillators, for which express provision is made in the Bill.

Earlier, in 2000, the Government published a White Paper on Supporting Voluntary

Activity. In 2002, the National Committee on Volunteering (NCV) published Tipping

the Balance: Report and Recommendations to Governments on Supporting and

Developing Volunteering in Ireland. In 2005, the European Volunteering Centre

(EVC) published a Country Report on the Legal Status of Volunteers in Ireland, in

conjunction with the Association of Voluntary Service Organisations (AVSO). And

the UN General Assembly Resolution 52/17 proclaimed 2001 the International Year

of Volunteers.

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Department/Office:

The Private Security

Authority



Part 4 : Amendments to Private Security Services Act 2004

Stage: Final - ready for

publication

Date: June 2011



download at:

Contact for enquiries: John O'Dwyer Telephone: +353-62-32603

eMail: [email protected]


1. To improve the efficiency and effectiveness of PSA enforcement and

inspection capabilities by having access to expertise and resources on 'as the

need arises basis'

2. To provide greater national inspectorate coverage for the PSA

3. To provide greater technical information not currently available in the Civil

Service to the PSA



1. Do Nothing.

2. Streamline the enforcement work to focus solely on particular areas or issues.

Currently resources are prioritised in the two areas of greatest population at

the expense of provincial locations.

3. Reassign administrative staff as PSA inspectors.

4. Appoint agents to carry out particular functions that are not possible because

of PSA expertise and geographic coverage. As the PSA continues to roll out

new sectors of the security industry particular technical expertise will be

required to assist with enforcement of the electronic sector etc. In addition as

the PSA gets into the more technical aspects of the industry it is being

challenged by the industry and their legal advisors.

With the introduction of new sectors these need to be enforced in addition to

the continued monitoring of the existing licensed sectors. The PSA is now

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participating in the Department of Enterprise, Jobs and Innovation's project on

risk based enforcement and fully supports the proposal regarding information

sharing and the possibility of co-ordinated inspections. The PSA has already

carried out inspections with National Employment Rights Authority (NERA),

revenue Commissioners and the Gardaí. The PSA has explored the potential

in some instances to utilise the inspection capability of other State agencies

where the PSA does not have sufficient regional presence.

The PSA has established consultation groups with various sectors of the

security industry, one of the main topics being the issue of effective and

efficient enforcement.

Preferred Option:

Option 4 above is the preferred option, because it is the only option that will deliver

the expertise and coverage required by the PSA.

OPTIONS


1 Risk of serious security

breach, where

unlicensed operator

allowed to operate

without a licence.

Risk of reducing

standards as market

pressures forces

complaint companies

to drop standards to

compete with

unlicensed companies

or companies not

maintain standards

Failure to identify

contractors not making

returns to Revenue,

Social Welfare.

Failure to identify

security contractors

paying cash to

employees

None. Undermines work of the

PSA to date in improving

standards in the industry

as no sanction for

unlicensed activity

Unlicensed providers

operate without fear of

detection.

Insufficient follow

through on enforcement of

licensing of existing

sectors

No capability to introduce

further sectors for

licensing as envisaged by

the 2004 Act

Potential for criminal

infiltration of already

licensed sectors

Weak systems that are not

monitored are vulnerable

to attack from criminals

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OPTIONS


Poor public perception

and confidence in the

Private security industry

2 Drop all cases in

existing high priority

locations

Additional travel and

Subsistence as

inspectors focus on

these disparate

locations

Staff were not

contracted on this basis

Outlying regions would

achieve greater attention

from inspectors albeit at

the expense of the

priority locations.

The assignment of the

four inspectors already

takes account of the

priority regions.

There is not the capacity

to manage the existing

workload and have

geographical cover.

Current Inspectors do not

have the technical

expertise required.

3 Inefficient solution as

staff are based in

Tipperary so associated

costs because of

travelling time and

travel and subsistence

Staff not recruited on

this basis

Administrative Staff

model does not match

enforcement staff

model

License processing

would halt

Provides greater

coverage in regional and

existing priority areas

Administrative staff

already participate in

occasional special

inspections to give PSA

greater coverage for

particular events

Greater inspectorate

coverage but lacks the

capability of bringing in

additional technical

expertise.

Other administrative work

of the Authority e.g.

issuing licences could not

be undertaken

Limits the roll out of new

licensing sectors under the

legislation

4 Set up costs of Agents

and ongoing

engagement costs for

the duties carried out.

Greater compliance and

enforcement capability

available

More targeted response

to intelligence reports

from industry.

Properly monitored

industry where

compliance is achieved

because of resources

available for strategic

enforcement

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OPTIONS


Greater exchequer

returns through increased

compliance with

Revenue and Social

Welfare

Greater exchequer

returns through PSA

because of new areas of

licensing introduced with

new capabilities

Strategic co-operation

possible with other state

inspection bodies

Increase in compliance

because of fear of

detection.

Capability to rollout of

further areas of licensing

as envisaged by the 2004

Act.

Properly regulated

industry capable of

contributing higher value

added to the economy.

Industry capable of

expanding into other

security activities.

Increased impact across a

number of state agencies.

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Department/Office:

Department of Justice and Equality


Civil Law (Miscellaneous Provisions) Bill 2011 Part 6 : Amendments to equality legislation

Stage: Final - ready for

publication

Date: June 2011



download at: http://www.justice.ie

Contact for enquiries: Deirdre Ní Néill Telephone: +353-1-4792227 eMail: [email protected]


1. To improve the efficiency and user-friendliness of the Equality Tribunal in

handling complaints.

2. To update national equality legislation to take into account developments in

relevant case law at both national and EU level law.

3. To align the text of national equality law more closely with EU Equality

Directives.

Consultation process leading to identification of policy options: The relevant statutory equality bodies, the Equality Tribunal and Equality Authority,

were consulted in early 2009 and submissions invited identifying potential technical

amendments to the equality legislation, arising from their practical experience and

examination of the developments in relevant case law at both national and EU level.

Both the Equality Tribunal and Equality Authority have formal procedures to consult

key stakeholders. The proposals submitted included measures to improve the

efficiency and user-friendliness of the Equality Tribunal's services.



1. Do Nothing.

2. Improve the efficiency and effectiveness of the Equality Tribunal by technical

amendments to the Employment Equality Acts and Equal Status Acts, as

follows:- Provide that the Tribunal may where appropriate (for example where

the facts are clear and are not in dispute) and where neither the complainant nor

the respondents object, deal with cases on the basis of written submissions

alone. Grant the Tribunal the power to refer matters directly to the High Court.

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In situations where mediation has failed, extend the deadline for application for

resumption of the hearing from 28 to 42 days.

3. Increase the maximum amount that may be awarded in Employment Equality

cases to 2 years' remuneration or €40,000, whichever is greater, to provide for

greater redress in situations of low-paid employment and enhance the

dissuasive effect of such penalties.

4. Both option 2 and option 3.

Preferred Option: Option 4 above is the preferred option, because it will achieve all of the policy

objectives being pursued.

OPTIONS


1 Risk of lacuna between

national equality

legislation and EU

equality directives,

with developing ECJ

case-law interpreting

EU law.

None. No change to service

provision by the Equality

Tribunal.

2 Cost for Exchequer

• risk of increase in

the volume of

appeals lodged

against decisions of

the Equality

Tribunal.

• potential increased

legal costs

associated with

referral of matters

directly by Tribunal

to the High Court

(however it is

expected that this

would be offset by

reductions in JR

activities).

Savings for Exchequer:

• reduced expenditure

on public hearings of

Equality Tribunal, as

a proportion of cases

may now be resolved

on written

submissions only;

• potential reduction in

legal costs overall,

where the Equality

Tribunal may refer

matters directly to the

High Court, instead

of decisions being

challenged via

Judicial Review;

• increased

productivity of the

Equality Tribunal.

Promotes greater take-up

of the Tribunal's

Positive impact on service

provision to both

complainants &

respondents, as decisions

are issued faster where

cases are resolved on

written submissions only

and delays in arranging

hearings are not incurred.

Positive impact for

complainants as

potentially less cases are

closed without resolution

following failure in

mediation, as the period

for requesting resumption

of hearing is extended.

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OPTIONS


conciliation and

mediation service as an

alternative, effective and

low-cost means of

dispute resolution.

3 Cost for Exchequer:

• potentially

increased

administration costs

of Equality

Tribunal, relating to

a potential increase

in the volume of

employment

equality actions

taken by low-paid

workers.

Cost to Business:

• employers found to

be discriminating

against low-paid

workers face

increases in

penalties.

Savings for Exchequer:

• None identified in the

short term.

Addresses the cases of

abuse or gross sexual

harassment of very

poorly paid staff where,

under existing

provisions, the amount of

compensation payable is

potentially inadequate

due to the staff being

paid so little.

Reduction in risk of non-

compliance with EU

Anti-discrimination

directives.

Potential positive impact

in terms of social inclusion

from

• increased incentive to

low-paid employees

facing discrimination

to take action;

• greater disincentive to

employers of low-paid

workers to

discriminate against

such workers.

4 All costs identified in

options 2 & 3.

All benefits identified in

options 2 & 3.

All impacts identified in

options 2 & 3.

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1. To provide for the limited modernisation of the law on bankruptcy (Bankruptcy

Act 1988) in Ireland in regard to the reduction of the waiting period for

application to the court for discharge from bankruptcy and for the automatic

discharge of bankruptcies on the 12th anniversary of the adjudication order.

These reforms were recommended by the Law Reform Commission and the

Official Assignee in Bankruptcy.

Consultation process The background to the intensive examination of the options and possible actions to

amend the law on bankruptcy is:-

(i) the commitments envisaged in the revised Programme For Government of

October 2009 under the heading "Helping those in Debt", and

(ii) the extensive provisional recommendations in this area of the law contained in

the Law Reform Commission's Consultation Paper entitled "Personal Debt

Management and Debt Enforcement" launched on 16 September, 2009; and


Department/Office:

Department of Justice &

Equality



Part 7: Bankruptcy

Stage: Final ready for

publication

Date: June 2011

Related publications: Law Reform Commission (May 2010) Interim

Report on Personal Debt Management and Debt

Enforcement (LRC 96-2010)

Law Reform Commission (Dec 2010) Final Report

on Personal Debt Management and Debt

Enforcement (LRC 100-2010)

Report of the Mortgage Arrears and Personal Debt

Group (Nov 2010)


download at: http://www.justice.ie

Contact for enquiries: Brendan Mac Namara

Tel: 353-1-4790217

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(iii) the recommendation on bankruptcy contained in the LRC Interim Report

entitled "Personal Debt Management and Debt Enforcement" published in

May, 2010,

(iv) the recommendation on bankruptcy contained in the LRC Final Report

entitled "Personal Debt Management and Debt Enforcement" published in

December, 2010,

(v) Report of the Mortgage Arrears and Personal Debt Group (Nov 2010), and

(vi) discussions with the Courts Service, Official Assignee in Bankruptcy and

practitioners in bankruptcy.



Policy options

1. Do nothing:

(i) the waiting period for application to the court for discharge from bankruptcy

would remain unchanged at 12 years.

(ii) there would be no provision in law for the automatic discharge of so-called

"legacy bankruptcies" existing 12 years or more.

2. Await full implementation of the Law Reform Commission Final Report on

Personal Debt Management and Debt Enforcement published December 2010

which recommended comprehensive reform of Irish personal insolvency law.

3. Bring forward certain initial advance reforms by inserting provisions into the

Civil Law (Miscellaneous Provisions) Bill 2011 to provide for an amendment to

section 85 of the Bankruptcy Act 1988 to

(i) allow for a reduction in the waiting period for application to the court for

discharge from bankruptcy from 12 years to 5 years,

(ii) to provide for automatic discharge of bankruptcies on the 12th anniversary of

the adjudication order, and

(iii) certain administrative changes to benefit the operation of the Official Assignee

in Bankruptcy.

Preferred option:

Option 3 is the preferred option. It can achieve the desired initial advance reforms

within the shortest timeframe. It takes into account the recommendations of the

Law Reform Commission and of the Official Assignee in Bankruptcy.

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Options


1 The cost of allowing

the current position on

the waiting period for

application to the court

for discharge from

bankruptcy to prevail

cannot be quantified.

However, it has been

asserted that the current

legislative provisions

are punitive by

comparison with other

countries.

None. The perception that the

current regime is overly

punitive to debtors.

The current 12 year

restriction period places a

considerable burden on the

bankrupt. It does not

assist in cultivating an

entrepreneurial spirit, and

may act as a disincentive

for small/medium

enterprises to expand or

develop new products and

services for fear of the

overly harsh consequences

of failure. Similarly, even

if the bankrupt was so

inclined to re-engage in

business, such restrictions

irrevocably damage his

credit rating and standing

in the eyes of suppliers.

Limiting the restriction

period for a bankrupt may

have the effect of

stimulating economic

activity.

2 Costs to the Exchequer

in implementing a

comprehensive reform

of the bankruptcy

regime through the

amendment of the

Bankruptcy Act 1988

cannot be quantified at

this stage. However, a

more modern system is

expected to create

greater efficiencies in

service in that it will

take less time to

process bankruptcies

than is currently the

case.

The reduction of the

discharge period for

bankrupt persons from 12

years to 5 years may

have a significant benefit

for all persons made

bankrupt from 1998 to

2006.

Once such persons are

able to pay the costs, fees

and expenses of the OA,

costs of the Petitioning

Creditor and preferential

payments (if any) owed,

they are discharged from

bankruptcy and are freed

The recommendations

contained in the Final

Report of the Law Reform

Commission would be

implemented with a

comprehensive reform

Bill. However, it is

anticipated that it could

take up to two years to

fully implement.

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from having pay all other

bankruptcy debts and

from all the restrictions

that apply to bankrupt

persons

3 As per option 2

Introduction of early

reform measures in

relation to bankruptcy

in keeping with the

commitments

envisaged in the

revised Programme

For Government of

October 2009 under

the heading "Helping

those in Debt

The discharge of so-

called "legacy

bankruptcies" will

bring certain

efficiency benefits for

the Official Assignee's

Office.

As per option 2.

Placing the provisions

within the proposed Civil

Law (Miscellaneous

Provisions) Bill 2011

would be a more

efficient use of the

legislation process. It

would expedite


Law Reform

Commission's

recommendation

contained in their Interim

Report of May 2010.

Provision for automatic

discharge of

bankruptcies on the 12th

anniversary of the

adjudication order.

Essentially, these

bankruptcies have little

or no prospect of

realising funds for

creditors.

As per option 2.

A significant positive

impact is that early


interim recommendation

of the Law Reform

Commission will bring

forward improvements to

the existing bankruptcy

system pending the

introduction of

comprehensive reform.

20

Proposed Amalgamation of Dublin City and Dublin County Coroner Districts


Department/Office: Department of

Justice and Equality

Title of legislation: Part 9 - Civil Law (Miscellaneous

Provisions) Bill 2011 - amendment of Coroners Act 1962

Stage: Final

Date: June 2011

Related publications: General Scheme of the Coroners Bill 2007


Contact for enquiries: Tom Maguire,

Organisation Development Unit

Telephone: 00353 (0)1 6028213

What policy options have been considered? Please summarise the costs, benefits and impact

relating to each of the options below and indicate whether a preferred option has been identified. 1. Retain the status quo in regard to current organisation of Coroner Districts

2. Comprehensive restructuring as envisaged in Coroners Bill 2007

3. Re-organisation of Dublin region involving amalgamation of the separate jurisdictions of the Dublin City and Dublin

County Coroner districts which account for 40% of Coroner cases nationally.

Preferred option: Re-organisation of Dublin region, as first stage in comprehensive national restructuring.

Options

Costs Benefits Impacts

1 The Coroner Service is administered by

individual coroners in 48 separate

coroner jurisdictions on a part-time basis

(except in Dublin City where there is a

full-time Coroner). While the Minister

for Justice and Equality is responsible for

policy in relation to the coroner service

(following consultation with the Minister

for Environment, Community and Local

Government), responsibility for funding

rests with local authorities. This cost is

estimated at €8m. per annum

Retaining the status quo

involves no additional costs

to the Exchequer. However,

the Report of the Coroners

Review Group in 2000

recommended a

comprehensive overhaul of

the coroner service with

regard to legislation (which

needs to be updated to

reflect significant domestic

and European Court of

Human Rights

jurisprudence), support

services and organisational

structures, in order to

ensure an appropriate

service to families of

bereaved persons at a very

difficult time in their lives.

Continuation of the current out-

dated and fractured system of 48

separate coroner jurisdictions,

based on counties or parts of

counties is not conducive to

satisfactory service to bereaved

persons and standardisation of

practices and services.

2 The Coroners Bill 2007 is based on

comprehensive restructuring involving

transition into a new co-ordinated service

run by the Department of Justice and

Equality, instead of the Local

Authorities, with full-time coroners

appointed on a regional basis, under a

Chief Coroner, along with support staff.

A re-structured service

would bring about

consistency in Coronial

practice and ensure a

satisfactory service to the

public.

Improved public confidence and

satisfaction with the service.

3 The Coroners Bill 2007 is being re-

examined with the objective of updating

coronial law. The immediate key focus of

This re-organisation would

ensure the best use of

resources in the Dublin area

Consistency of practice and

services in the entire Dublin city

and County areas, utilising

21

1. Policy context

Coroners are responsible for reaching verdicts on the "who, when, where and how" of

sudden and unexplained deaths. Responsibility for policy in relation to the coroner

service rests with the Minister for Justice and Equality (following consultation with

the Minister for Environment, Community and Local Government), while

responsibility for funding under the Coroners Act 1962 rests with local authorities.

The Coroners Bill 2007 proposed a comprehensive restructuring, involving transition

into a new co-ordinated service run by the Department of Justice and Equality,

instead of the Local Authorities. There would be full-time coroners, appointed on a

regional basis, under a Chief Coroner, along with support staff, organised in a small

number of regions. However, the additional staffing infrastructure that would be

necessitated is not an option in the current economic climate.

2. Evaluation of options

Three options, as shown in the above Table, were examined

1. Retain the status quo in regard to current organisation of Coroner Districts.

2. Comprehensive restructuring, as envisaged in Coroners Bill 2007.

3. Re-organisation of Dublin region, involving amalgamation of the separate

jurisdictions of the Dublin City and Dublin County Coroner districts, which account

for 40% of Coroner cases nationally.

Option 3 is favoured, as it will facilitate the intended reforms on a gradual, cost-

neutral basis.

3. Structure and content

The intention is that the incumbent Dublin City and County Coroners will continue to

carry out their existing functions until such time as one of the positions becomes

vacant. The enabling legislation, in the Civil Law (Miscellaneous Provisions) Bill

2011, will allow the Minister for Justice and Equality to merge the coronial districts.

There would then follow a new appointment - by way of public competition - of a

new coroner(s) as necessary for the unified region. This would likely be a full-time

appointment, though terms and conditions remain to be determined.

any reform is a more effective and cost

efficient provision of service in the

Dublin region which comprises

approximately 40% of the national

coronial caseload. Currently, there is a

coroner for the Dublin City area and a

coroner for the three local authority areas,

which formerly comprised the old Dublin

County Council. It is now proposed to

amalgamate the existing Dublin City and

County Coroner Districts.

and a more coherent

coroner service. A new

unified Dublin coroner

region will be a pilot for

similar reforms elsewhere.

A non-financial benefit is

improvement of service to

bereaved people.

purpose-built Coroners Court

accommodation in Dublin City

centre (Coroners Court hearings in

the County are held in an hotel,

which has been the subject of

complaint).

22

At present, administrative back-up to the Dublin City Coroner is provided by a

dedicated Office in Dublin City Council. Administrative back-up to the Dublin

County Coroner is provided by Dun Laoghaire-Rathdown Council on behalf of the

other two Councils. It is proposed that the details of the administrative arrangements

to service the new Dublin Coroner Office will be worked out in discussions with the

Local Authorities concerned. The proposal is in line with the provisions of the Public

Service agreement 2010 - 2014.

4. Benefits

The benefits include:

• improved service to bereaved people

• greater consistency throughout the entire Dublin region, in tandem with

utilising the services of the new Medico-Legal Centre at Marino when it is

completed in Autumn 2012

• potential for the Dublin Office to set standards in relation to Coronial practice,

consistency and levels of service

• better co-ordination in relation to emergencies in the greater Dublin area,

• greater accountability through the designation of a senior coroner who would

be responsible for organising the service in the Dublin area,

• cost savings.

4. Consultation

The Coroners Society of Ireland and the Department of Environment, Community

and Local Government and the Coroners Society are supportive of the proposal in

principle.

23


Department/Office: Department of Justice and Equality

Title of Legislation: Civil Law (Miscellaneous Provisions) Bill 2011 – Part 15 Court and Court Officers

Stage:Final Date: June 2011



Contact for enquiries: Brian O'Neill Telephone: +353-1-6028433 eMail: [email protected]


1. To implement efficiencies in the operation of the courts. In particular, to ensure better

value for money by optimising the use of the qualifications and experience of County

Registrars and freeing up judicial time for trials.

What policy options have been considered? Please summarise the costs, benefits and impacts relating to each below and indicate whether a preferred option has been identified.

1. Do Nothing.

2. Introduce a range of new quasi-judicial functions to be undertaken by County

Registrars and make a number of amendments to courts legislation to improve

efficiencies generally and to bring a legal clarity to certain technical matters.

Preferred Option: Option 2 above is the preferred option, as no other option can enable the Government to

ensure the effective and efficient operation of the courts and ensure required efficiencies are

introduced under the terms of the Croke Park Agreement.

The introduction of a range of quasi-judicial functions to be undertaken by County

Registrars was recommended in the TASC Review recently undertaken by the Courts

Service with a view to optimising the use of their skills, qualifications and experience.

Introduction of these new functions will not only free up judicial time for trials but will also

be cost effective and improve overall efficiency in the Circuit Court.

The changes proposed are also required to underpin the Courts Service's significant

programme of change and development, specifically in relation to the establishment of

combined Circuit and District Court Offices provided for under the Courts and Court

Officers Act 2009 which is a key part of their Croke Park Agreement implementation plan.

24

OPTIONS


1 None.

None. • Continuation of

current system with

consequent delays in

having certain

matters progressed

through the Circuit

Court.

• Failure to implement

some of the

efficiencies required

under the Croke

Park Agreement.

• Continued lack of

flexibility and

inefficient use of

judicial resources.

2 • Implementation

of the proposed

amendments will

have no cost

implications for

the Exchequer.

• Improved

efficiency in case

management and

progression in the

Circuit Court.

• More efficient and

cost effective use

of judicial

resources.

• Achievement of

targets set under

the Croke Park

Agreement.

• Underpin the

development of

combined courts

offices.

• More efficient

management of

court staff

resources.

• Positive impact on

service provision to

court users.

• Possible reduction in

legal fees arising in

certain Circuit Court

actions resulting

from more effective

use of County

Registrars.

Review The Courts Service will undertake an ongoing review of the effectiveness of the additional

quasi-judicial functions conferred on County Registrars particularly in relation to increased

efficiencies in the Circuit Court and the freeing up of judicial time for court hearings.

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