Civil Law (Miscellaneous Provisions) Act 2008

(b) note the position in the Registry of Deeds.”,

and

(c) in section 37, by inserting the following after subsection (4):

“(5) An application shall not be made for an order setting aside a disposition by reason only of subsection (2)(a)(ii) or (b) after the expiration of 6 years from the date of the disposition.”.

PART 14 Equal Status

76.. Amendment of Equal Status Act 2000.

76.— The Equal Status Act 2000 is amended—

(a) in section 2(1) (as amended by section 47 of the Equality Act 2004) by inserting the following after the definition of “ family status ”:

“ ‘ Gender Goods and Services Directive ’ means Council Directive 2004/113/EC of 13 December 2004 ^1 implementing the principle of equal treatment between men and women in the access to and supply of goods and services”,

(b) in section 5—

(i) in subsection (2)—

(I) by substituting “Subject to subsection (4), subsection (1)” for “Subsection (1)”,

(II) in paragraph (d), by inserting “(other than on the gender ground or in any other circumstances to which the Gender Goods and Services Directive is relevant)” after “assessment of risk”, and

(III) by inserting the following after paragraph (d):

“(da) differences in the treatment of persons on the gender ground, or in any other circumstances to which the Gender Goods and Services Directive is relevant, related to the assessment of risk in respect of classes of insurance to which this paragraph applies pursuant to subsection (3) where the treatment—

(i) is effected by reference to—

(I) actuarial or statistical data obtained from a source on which it is reasonable to rely, or

(II) other relevant underwriting or commercial factors,

and

(ii) is reasonable having regard to the data or other relevant factors,”,

and

(ii) by inserting the following after subsection (2):

“(3) The classes of insurance to which paragraph (da) of subsection (2) applies are—

(a) those classes of insurance named ‘ Motor Insurance ’ in Part B of Annex I to the European Communities (Non-Life Insurance) Framework Regulations 1994 (S.I. No. 359 of 1994),

(b) those classes of insurance, being life assurance, specified as Class I, III or IV in Part A of Annex I to the European Communities (Life Assurance) Framework Regulations 1994 (S.I. No. 360 of 1994), and

(c) those classes of insurance which are contracts of insurance, or other insurance arrangements, which fall within paragraph (d) of the definition of ‘health insurance contract’ in the Health Insurance Act 1994 if, but only if, the differences in treatment referred to in paragraph (da) of subsection (2), in so far as they relate to such contracts or arrangements, as the case may be, are permitted by the law of the place where such contracts or arrangements, as the case may be, are marketed.

(4) With effect on and after 21 December 2009, nothing in subsection (2) shall be construed to permit differences in the treatment of persons in relation to premiums and benefits payable under insurance policies based, whether in whole or in part, on costs incurred by insurers in relation to pregnancy and maternity.

(5) Subject to section 41(2A), the Central Bank and Financial Services Authority of Ireland (within the meaning of the Central Bank Act 1942 as amended by the Central Bank and Financial Services Authority of Ireland Act 2003) shall compile, publish and maintain data relevant to the use of gender as a determining actuarial factor in the assessment of risk in relation to the classes of insurance to which paragraph (da) of subsection (2) applies pursuant to subsection (3).”,

(c) in section 21 (as amended by section 54 of the Equality Act 2004)—

(i) by inserting the following after subsection (1):

“(1A) If the grounds for such a claim as is referred to in subsection (1) arise—

(a) on the gender ground, or

(b) in any other circumstances (including circumstances amounting to victimisation) to which the Gender Goods and Services Directive is relevant,

then, subject to subsections (2) to (7) and (8) to (11), the person making the claim may seek redress by referring the case to the Circuit Court instead of referring the case to the Director under subsection (1) (and, if the case is referred to the Circuit Court, no further appeal lies, other than an appeal to the High Court on a point of law).”,

(ii) in subsections (2)(b) and (3)(a) and (b), by inserting “or, as the case may be, the Circuit Court” after “Director”,

(iii) in subsection (4), by substituting “or, as the case may be, the Circuit Court shall not investigate a case unless the Director or the Circuit Court, as the case may be,” for “shall not investigate a case unless he or she”, and

(iv) in subsection (6)(b), by inserting “or, as the case may be, the Circuit Court” after “Director”,

(d) in section 27 (as amended by section 61 of the Equality Act 2004), by inserting the following after subsection (4):

“(5) The types of redress for which the Circuit Court may provide on a reference under section 21(1A) are either or both of the following as may be appropriate in the circumstances of the particular case:

(a) an order for compensation for the effects of the prohibited conduct concerned (including compensation for loss and damage suffered by the person injured as a result of the prohibited conduct in a way which is dissuasive and proportionate to the loss and damage suffered);

(b) an order that a person or persons specified in the order take a course of action which is so specified,

and no enactment relating to the jurisdiction of the Circuit Court shall be taken to limit the amount of compensation which may be ordered by the Circuit Court by virtue of this subsection.”, and

(e) in section 41 (as amended by section 65 of the Equality Act 2004), by inserting the following after subsection (2):

“(2A) The Minister may make regulations prescribing the form, frequency of publication and content of data required to be compiled, published and maintained under section 5(5) but, before making any such regulations, shall consult with the Minister for Finance.”.

PART 15 Civil Legal Aid

77.. Insertion of new sections 10A and 10B into Civil Legal Aid Act 1995.

77.— The Civil Legal Aid Act 1995 is amended by inserting the following after section 10:

“Accountability of Chief Executive to Public Accounts Committee.

10A.— (1) The Chief Executive shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Board is required by this Act to prepare,

(b) the economy and efficiency of the Board in the use of its resources,

(c) the systems, procedures and practices employed by the Board for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Board referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under this section, the Chief Executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the objectives of such a policy.

Accountability of Chief Executive to other Oireachtas Committees.

10B.— (1) In this section, ‘Committee’ means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than a Committee referred to in section 10A or the Committee of Members’ Interests of Dáil Éireann or the Committee of Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

(2) Subject to subsection (3), the Chief Executive shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Board.

(3) The Chief Executive shall not be required to give account before a Committee in relation to any individual case with which the Board is concerned in the performance of its functions under section 5.

(4) Where the Chief Executive is of the opinion that a matter in respect of which the Chief Executive is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the Chief Executive is before it, the information shall be so conveyed in writing.

(5) Where the Chief Executive has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred in subsection (2) in so far as it relates to a matter the subject of that opinion—

(a) the Chief Executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

(b) the Chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court may determine the matter.

(6) Pending the determination of an application under subsection (5), the Chief Executive shall not attend before the Committee to give account for the matter the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the Chief Executive shall attend before the Committee to give account for the matter.”.

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

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

(a) in subsection (3), by substituting the following for paragraph (b):

“(b) a person shall qualify for legal advice, in respect of a matter referred to in section 28(9)(a), in the cases mentioned in subparagraphs (i) to (v) of section 28(9)(c).”,

(b) by inserting the following after subsection (3):

“(3A) Notwithstanding any other provision of this Act, the Board shall grant legal advice to a complainant in a prosecution for—

(a) the offence of rape under the common law,

(b) the offence of rape under section 2 of the Criminal Law (Rape) Act 1981,

(c) the offence of aggravated sexual assault under section 3 of the Criminal Law (Rape) (Amendment) Act 1990,

(d) the offence of rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990,

(e) an offence under section 6 (inserted by section 2 of the Criminal Law (Sexual Offences) (Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act 1993,

(f) an offence under the Criminal Law (Sexual Offences) Act 2006, or

(g) an offence of incest under section 1 or 2 of the Punishment of Incest Act 1908.”.

79.. Amendment of section 28 of Civil Legal Aid Act 1995.

79.— Section 28(9)(c)(i) of the Civil Legal Aid Act 1995 is amended—

(a) by inserting “the Residential Tenancies Act 2004,” after “property),” and

(b) by deleting “the Rent Restrictions Acts, 1960 and 1967,”.

80.. Amendment of section 29 of Civil Legal Aid Act 1995.

80.— Section 29 of the Civil Legal Aid Act 1995 is amended by substituting the following for subsection (2):

“(2) The Board may—

(a) in accordance with regulations under section 37, provide legal aid or advice to an applicant without reference to his or her financial resources,

(b) waive any contribution payable pursuant to this section and to any other regulations under section 37, or accept a lower contribution, on the ground that a failure to do so would cause undue hardship to the applicant.”.

81.. Amendment of section 30 of Civil Legal Aid Act 1995.

81.— Section 30 of the Civil Legal Aid Act 1995 is amended—

(a) by inserting the following after subsection (6):

“(6A) Where the Board has granted a person a legal aid certificate for proceedings in any court or before any tribunal prescribed by the Minister under section 27(2), then, notwithstanding any enactment (including any provision of this Act), any statutory instrument made under any enactment, or any rule of law, the proceedings shall, in so far as they relate to the solicitor for any party to the proceedings pursuant to the certificate, be issued in—

(a) the name of the law centre concerned where the law centre is responsible for providing the legal aid concerned,

(b) in any other case, the name of the solicitor or firm of solicitors responsible for providing the legal aid concerned.”,

and

(b) in subsection (7), by substituting “shall” for “may”.

PART 16 Employment Equality

82.. Amendment of section 41 of Employment Equality Act 1998.

82.— Section 41 of the Employment Equality Act 1998 is amended by substituting the following for subsections (1) and (2):

“(1) The Authority shall consist of not less than 12 and not more than 16 members appointed by the Minister—

(a) of whom one shall be appointed as the chairperson of the Authority, and

(b) of whom, of the number appointed at any one time, the difference between the number of males appointed and the number of females appointed shall be not more than 2.”.

83.. Amendment of section 47 of Employment Equality Act 1998.

83.— Section 47 of the Employment Equality Act 1998 is amended by substituting the following for subsection (4):

“(4) The quorum for a meeting of the Authority shall be—

(a) if there are 12 or 13 members appointed, 6 members,

(b) in any other case, 7 members.”.