Civil Law (Miscellaneous Provisions) Act 2011

AN ACT TO AMEND THE LAW RELATING TO CIVIL LIABILITY FOR ACTS OF GOOD SAMARITANS, VOLUNTEERS AND VOLUNTEER ORGANISATIONS; TO AMEND THE CIVIL LEGAL AID ACT 1995; TO AMEND THE PRIVATE SECURITY SERVICES ACT 2004; TO AMEND THE LAW RELATING TO THE SALE OF INTOXICATING LIQUOR; TO AMEND THE EMPLOYMENT EQUALITY ACT 1998; TO AMEND THE EQUAL STATUS ACT 2000; TO AMEND THE BANKRUPTCY ACT 1988; TO AMEND THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976; TO AMEND THE CORONERS ACT 1962; TO AMEND THE LAND AND CONVEYANCING LAW REFORM ACT 2009; TO AMEND THE REGISTRATION OF TITLE ACT 1964; TO AMEND THE LAW RELATING TO TRIBUNALS OF INQUIRY; AND TO AMEND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR RELATED MATTERS.

[2nd August, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1 Preliminary and General

1. Short title, collective citations, construction and commencement.

1.— (1) This Act may be cited as the Civil Law (Miscellaneous Provisions) Act 2011.

• (2) The Private Security Services Act 2004 and Part 4 may be cited together as the Private Security Services Acts 2004 and 2011.

• (3) The Licensing Acts 1833 to 2010 and section 17 may be cited together as the Licensing Acts 1833 to 2011 and shall be construed together as one.

• (4) The Employment Equality Acts 1998 to 2008 and sections 18 to 26 may be cited together as the Employment Equality Acts 1998 to 2011.

• (5) The Equal Status Acts 2000 to 2008 and section 21 insofar as it refers to section 21 of the Equal Status Act 2000 and sections 27 to 29 may be cited together as the Equal Status Acts 2000 to 2011.

• (6) The Bankruptcy Acts 1988 to 2001 and Part 7 may be cited together as the Bankruptcy Acts 1988 to 2011.

• (7) The Solicitors Acts 1954 to 2008 and section 58 may be cited together as the Solicitors Acts 1954 to 2011.

• (8) The Domestic Violence Acts 1996 and 2002 and section 60 may be cited together as the Domestic Violence Acts 1996 to 2011.

• (9) The Tribunals of Inquiry (Evidence) Acts 1921 to 2004 and Part 15 may be cited together as the Tribunals of Inquiry (Evidence) Acts 1921 to 2011.

• (10) Sections 6, 12 and 30(g) and sections 49 to 55 shall come into operation on such day or days as the Minister may by order appoint, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

2. Definition.

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

PART 2 Civil Legal Aid

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

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

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

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

  • (a) any matter connected with the commission of the human trafficking offence (whether or not a prosecution for that offence has been instituted),

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

  • (c) without prejudice to the generality of paragraph (a) or (b), the prosecution of the human trafficking offence or of the other offence referred to in paragraph (b).”,

and

• (b) by the insertion of the following subsection after subsection (7):

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

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

  • (b) an offence under section 3 (other than subsections (2A) and (2B)) of the Child Trafficking and Pornography Act 1998.”.

PART 3 Good Samaritans, etc.

4. Liability for negligence of good samaritans, volunteers and volunteer organisations.

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

“PART IVA

Liability For Negligence of Good Samaritans, Volunteers and Volunteer Organisations

Interpretation (Part IVA).

51A.— (1) In this Part—

‘emergency’ includes circumstances arising in connection with an actual or apprehended accident;

‘good samaritan’ means a person who, without expectation of payment or other reward, provides assistance, advice or care to another person in an emergency, but does not include a person who does so as a volunteer;

‘negligence’ does not include breach of statutory duty;

‘voluntary work’ means any work or other activity that is carried out for any of the following purposes:

• (a) a charitable purpose within the meaning of the Charities Act 2009;

• (b) without prejudice to the generality of paragraph (a), the purpose of providing assistance, advice or care in an emergency or so as to prevent an emergency;

• (c) the purpose of sport or recreation;

‘volunteer’ means a person who does voluntary work that is authorised by a volunteer organisation and does so without expectation of payment (other than reasonable reimbursement for expenses) or other reward;

‘volunteer organisation’ means any body (whether or not incorporated) that is not formed for profit and that authorises the doing of voluntary work whether or not as the principal purpose of the organisation.

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

  • (a) the administration of first-aid to the person;

  • (b) the treatment of the person using an automated external defibrillator;

  • (c) the transportation of the person from the scene of an emergency to a hospital or other place for the purposes of ensuring the person receives medical care.

• (3) Nothing in subsection (2) shall operate to limit the nature of activities that may constitute assistance, advice or care for the purposes of this Part.

This Part not applicable to existing causes of action.

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

This Part not applicable to motor accidents in public places.

51C.— (1) This Part shall not apply in relation to the negligent use of a mechanically propelled vehicle in a public place.

• (2) In this section ‘mechanically propelled vehicle’ has the same meaning as it has in Part VI of the Road Traffic Act 1961.

Protection of good samaritans from liability for negligence.

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

- (*a*) assistance, advice or care to a person who is—

    - (i) in serious and imminent danger, or apparently in serious and imminent danger, of being injured or further injured,

    - (ii) injured or apparently injured, or

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

      or

- (*b*) advice by telephone or by another means of communication to a person (whether or not the person is a person referred to in paragraph (*a*)) who is at the scene of the emergency.

• (2) The protection from personal liability conferred on a good samaritan by subsection (1) applies even if the emergency is caused by an act of the good samaritan.

• (3) The protection from personal liability conferred on a good samaritan by subsection (1) shall not apply to—

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

  • (b) any act done by the good samaritan when providing assistance, advice or care in circumstances where the good samaritan has a duty (whether imposed by or under any enactment or any other rule of law) to provide such assistance, advice or care.

  Protection of volunteers from liability for negligence.

  51E.— (1) A volunteer shall not be personally liable in negligence for any act done when carrying out voluntary work.

• (2) The protection from personal liability conferred on a volunteer by subsection (1) shall not apply to any act done by the volunteer if—

  • (a) the act was done by the volunteer in bad faith or with gross negligence, or

  • (b) the volunteer knew or ought reasonably to have known that the act was—

    • (i) outside the scope of the voluntary work authorised by the volunteer organisation concerned, or

    • (ii) contrary to the instructions of the volunteer organisation concerned.

• (3) An agreement, undertaking or arrangement has no effect to the extent that it provides for a volunteer to give a volunteer organisation an indemnity against, or to make a contribution to a volunteer organisation in relation to, a liability that—

  • (a) the volunteer would incur for his or her negligence but for the operation of subsection (1), and

  • (b) the volunteer organisation incurs as a result of its vicarious liability for that negligence.

  Protection additional to any other protection under other law.

  51F.— The protection from personal liability conferred on a good samaritan by section 51D or a volunteer by section 51E is in addition to any protection from personal liability conferred on the good samaritan or volunteer by or under any other enactment or rule of law.

  Volunteer organisations and duty of care.

  51G.— (1) This section applies to proceedings relating to the liability of a volunteer organisation for negligence arising from activities carried out by or on behalf of the organisation.

• (2) In any proceedings to which this section applies, when determining whether the volunteer organisation owed a duty of care to the plaintiff or any other person, a court shall consider whether it would be just and reasonable to find that the organisation owed such a duty having regard to the social utility of the activities concerned.

• (3) Nothing in this section shall operate to limit the matters that a court may consider, in proceedings to which this section applies, when determining whether a volunteer organisation owed a duty of care to a plaintiff or other person.”.

PART 4 Private Security Services

5. Definition (Part 4).

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

6. Amendment of section 2 of Act of 2004.

6.— Section 2(1) of the Act of 2004 is amended—

• (a) by the substitution of the following for the definition of “installer of security equipment”:

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

• (a) in the course of a business, trade or profession, installs, maintains, repairs or services electronic or other devices designed, constructed or adapted to give warning of, or monitor or record unauthorised entry or misconduct on or in the vicinity of premises,

• (b) in the course of a business, trade or profession, installs, maintains, repairs or services electronic or other devices designed, constructed or adapted to control or record access by persons or vehicles to or within premises by means of—

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

  • (ii) vehicle identification,

  • (iii) numerical codes,

  • (iv) alphabetical codes,

  • (v) access or other card management, or

  • (vi) electronic key management,

  or any combination of such means,

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

• (b) in the definition of “private investigator” by the substitution of “in the course of a business, trade or profession,” for “for remuneration”,

• (c) in the definition of “security consultant” by the substitution of “in the course of a business, trade or profession,” for “for remuneration”, and

• (d) in the definition of “security service”, in paragraph (b) to substitute “installer” for “supplier or installer”.

7. Amendment of section 14 of Act of 2004.

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

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

• “(1) For the purposes of this Act the Authority may appoint a person (including a member of the staff of the Authority) to be an inspector for such period and subject to such terms and conditions as the Authority may determine.”,

and

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

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

8. Amendment of section 18 of Act of 2004.

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

9. Amendment of section 21 of Act of 2004.

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

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

• “(ab) require the applicant to furnish particulars of every person who, in a case in which the applicant is a company, is the beneficial owner of more than 5 per cent of the share capital of the company,”,

and

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

10. Amendment of section 22 of Act of 2004.

10.— Section 22 of the Act of 2004 is amended by the substitution, in subsection (3)(b)(i), of “any director, shareholder to whom section 21(3)(ab) refers, manager,” for “any director, manager,”.

11. Amendment of section 23 of Act of 2004.

11.— Section 23 of the Act of 2004 is amended—

• (a) in subsection (1), by the deletion of “in the prescribed manner”,

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

• “(2) An application for the renewal of a licence shall be made in accordance with procedures specified by the Authority.”,

and

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

• “(3A) Where—

  • (a) subsection (3) applies,

  • (b) the applicant has complied with the procedures specified pursuant to subsection (2), and

  • (c) a licence is renewed by the Authority,

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

12. Temporary licence under Act of 2004.

12.— The Act of 2004 is amended by the insertion, after section 27, of the following section:

“Temporary licence.

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

• (a) the requirements of this Act and any regulations relating to licence applications made pursuant to section 51 have been complied with (otherwise than as respects the competence of the applicant to provide the security service to which the application relates), and

• (b) it is appropriate to grant a temporary licence to the applicant to enable the applicant to display the necessary competence to provide security services of a type to which the application for a licence relates,

the Authority may grant a temporary licence for a period not exceeding 6 months to enable the applicant to satisfy the Authority that the applicant has the necessary competence to provide security services of a type to which the application relates.

• (2) Where the Authority has granted a temporary licence under this section and the Authority is satisfied that exceptional circumstances exist, the Authority may extend the term of such licence by a period not exceeding 3 months.

• (3) The Authority may, in respect of a particular licensee, exercise its power under subsection (2) once only.

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

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

13. Amendment of section 37 of Act of 2004.

13.— Section 37(1) of the Act of 2004 is amended by the substitution of “A person shall not provide a security service insofar as this Act has come into operation as respects the security service concerned and shall not hold himself or herself out” for “A private security employer or an individual referred to in any of the paragraphs of the definition of “security service” in section 2(1) shall not, on or after the commencement of the paragraph concerned, provide a security service or hold himself or herself out”.

14. Amendment of section 48 of Act of 2004.

14.— Section 48 of the Act of 2004 is amended by the insertion after subsection (5) of the following subsection:

• “(6) Where a person is convicted of an offence under this Act, prosecuted by the Authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority the costs and expenses, measured by the court, incurred by the Authority in relation to the investigation, detection and prosecution of the offence.”.

15. Amendment of section 51 of Act of 2004.

15.— Section 51 of the Act of 2004 is amended—

• (a) in subsection (2), by the substitution of the following for paragraph (g):

• “(g) the fees to be charged by the Authority in respect of applications for licences and other services provided by the Authority.”,

and

• (b) by the insertion, after subsection (2), of the following subsections:

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

  • (a) prescribe different fees in respect of different circumstances or classes of circumstances, or in relation to different classes of licences and in relation to different classes of cases,

  • (b) provide for the waiving, remitting or refunding of fees (in whole or in part) in different circumstances or classes of circumstances or in relation to different classes of licences and in relation to different classes of cases,

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

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

  • (a) the expenses incurred by the Authority, or

  • (b) the expenses which it is anticipated will be incurred by the Authority,

  in performing its functions under this Act, so that so much of those expenses as the Authority considers appropriate are recovered from fees to be charged pursuant to such regulations.”.

16. Amendment of Schedule 2 to Act of 2004.

16.— The Schedule 2 to the Act of 2004 is amended—

• (a) in paragraph 14(1)—

• (i) by the substitution of “An applicant for a licence or the holder of a licence aggrieved by a decision of the Authority—” for “A person aggrieved by a decision of the Authority—”, and

• (ii) in clause (d), by the substitution of “to which a licence relates,” for “to which a licence relates, or”, and

• (iii) by the deletion of clause (e),

• (b) in paragraph 14, by the substitution of the following for subparagraph (4):

• “(4) An appeal shall be grounded on the record of the decision to which the appeal relates, on the grounds of appeal contained in the notice of appeal and on any observations of the Authority given at the request of the Appeal Board on any other matter arising on the decision.”,

• (c) in paragraph 14(5) by the substitution of the following for clause (b):

• “(b) by remitting the matter back to the Authority with a recommendation that—

  • (i) the licence be granted, renewed or restored, as the case may be,

  • (ii) that the reprimand, warning, caution or an advice be withdrawn, or

  • (iii) that the variation sought be granted,

  and the Authority shall give effect to any such recommendation.”,

• (d) in paragraph 15(1)(d), by the substitution of “and the reasons on which they are based” for “and the reasons, considerations and arguments on which they are based”,

• (e) in paragraph 15, by the substitution of the following for subparagraph (4):

• “(4) The Appeal Board shall not consider any documents submitted by an appellant in relation to an appeal other than those which accompanied the notice of appeal or which were furnished by the appellant in response to a request by the Appeal Board.”,

• (f) in paragraph 16(2)(b), by the substitution of “any report prepared for or received by the Authority” for “any report prepared for the Authority”,

• (g) by the deletion of paragraph 18,

• (h) in paragraph 19—

• (i) by the substitution of the following for subparagraph (1):

• “(1) A person who is not a party to an appeal may make a submission or observations in writing to the Appeal Board in relation to the appeal where invited by the Appeal Board to do so.”,

• (ii) by the substitution of the following for subparagraph (2):

• “(2) Such submission or observations may be made within one month of the issue of the invitation to do so by the Appeal Board and any such submission or observations received by the Appeal Board after the expiration of that period shall not be considered by it.”,

• (i) by the deletion of paragraph 20,

• (j) in paragraph 21—

• (i) by the substitution of the following for subparagraph (1):

• “(1) Sittings of the Appeal Board shall normally be heard in private and shall be conducted with the minimum formality consistent with the carrying out by the Appeal Board of its functions.”,

• (ii) in subparagraph (2) by the deletion of “of its own motion or”,

• (iii) by the substitution of the following for subparagraph (3):

• “(3) The Appeal Board in conducting an oral hearing may by notice in writing require any person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in issue at the hearing or to produce any relevant documents in his or her possession or under his or her control.”,

• (iv) in subparagraph (4), by the substitution of “subparagraph (3)” for “subparagraph (3)(b)”,

• (v) in subparagraph (6), by the substitution of the following for clause (c):

• “(c) where the request is by the Authority, shall be made within the period of one month referred to in paragraph 17(1).”,

and

• (k) in paragraph 22, by the substitution of “paragraph 21(3)” for “paragraph 21(3)(b)”.

PART 5 Intoxicating Liquor

17. Codes of practice.

17.— (1) In this section—

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

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

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

“licensee” means the holder of a licence;

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

“Minister” means the Minister for Justice and Equality.

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

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

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

for the purpose of setting standards for the display, sale, supply, advertising, promotion or marketing of intoxicating liquor and such code may apply as respects—

• (i) a class or classes of intoxicating liquor,

• (ii) a class or classes of licensed premises, or

• (iii) a type of licence.

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

• (a) may make available in such manner as he or she considers appropriate a draft of the code and allow persons such period as the Minister determines, being not less than 30 days from the date of making such draft available, within which to make representations in writing to him or her in relation to it, and

• (b) having considered the representations (if any) received, consent to its publication or approval, with or without modifications.

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

• (a) the class or classes of intoxicating liquor in respect of which the code is so published or approved, as the case may be,

• (b) the class or classes of licensed premises to which the code relates,

• (c) the type of licence to which the code relates,

• (d) the date from which the code has effect, and

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

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

• (a) amend or revoke a code of practice published under this section, or

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

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

• (7) Where the Minister amends or revokes, or withdraws his or her approval of, a code of practice published or approved of under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil specifying—

• (a) the code to which the amendment, revocation or withdrawal of approval, as the case may be, relates and, if applicable, particulars of the amendment,

• (b) the class or classes of intoxicating liquor, the class or classes of licensed premises or the type of licence, in respect of which the code is so amended, revoked or approval is withdrawn, as the case may be, and

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

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

• (9) A failure on the part of a licensee to observe any provision of a code of practice published or approved of under this section (including such a code as amended from time to time under this section) shall not of itself render the licensee liable to any civil or criminal proceedings but such failure shall be considered as relating to the good character of the licensee for the purposes of the renewal under the Act of 1986 of the licence in respect of the licensed premises concerned.

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

• (a) the need to reduce the risk of a threat to public order arising from the excessive consumption of intoxicating liquor,

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

• (c) in the case of advertising, promotion or marketing of intoxicating liquor referred to in subsection (2), whether or not or to what extent such advertising, promotion or marketing is intended or likely to encourage the consumption of intoxicating liquor to an excessive extent.

• (11) In having regard to the matters referred to in subsection (10)(c) the Minister may have regard to the medium used or the nature of the activities associated with or involved with such advertising, promotion or marketing.

PART 6 Equality

18. Definitions (Part 6).

18.— In this Part—

“Act of 1998” means the Employment Equality Act 1998;

“Act of 2000” means the Equal Status Act 2000.

19. Amendment of section 2 of Act of 1998.

19.— Section 2 of the Act of 1998 is amended, in subsection (1), by the substitution of the following definition for the definition of “discrimination”:

“ ‘discrimination’ includes the issue of an instruction to discriminate and, in Part V and VI, includes prohibited conduct within the meaning of the Equal Status Act 2000, and cognate words shall be construed accordingly;”.

20. Amendment of section 5 of Act of 1998.

20.— Section 5 of the Act of 1998 is amended, by the deletion of subsection (2).

21. Amendment of section 75 of Act of 1998.

21.— Section 75 of the Act of 1998 is amended—

• (a) by the substitution of the following subsection for subsection (4A):

• “(4A) Other persons with relevant qualifications or experience may, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, be appointed to be equality officers or equality mediation officers on such terms and conditions as may be so approved.”,

• (b) in subsection (6), by the substitution of “the delegation of a function under subsection (4B)” for “the delegation of a function under subsection (4)”, and

• (c) in subsection (7), by the substitution of “under section 77 or 86, or under section 21 of the Equal Status Act 2000—” for “under section 77—”.

22. Amendment of section 77 of Act of 1998.

22.— Section 77 of the Act of 1998 is amended, in subsection (12), by the substitution of the following paragraph for paragraph (a):

• “(a) Not later than 42 days from the date of a decision of the Director on an application by a complainant for an extension of time under subsection (5), the complainant or respondent may appeal against the decision to the Labour Court on notice to the Director specifying the grounds of the appeal.”.

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

23.— Section 78(7)(b) of the Act of 1998 is amended by the substitution of “42 days” for “28 days”.

24. Amendment of section 79 of Act of 1998.

24.— Section 79 of the Act of 1998 is amended—

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

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

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

  • (b) falls to be dealt with under this section by virtue of section 78(7),

  the Director shall investigate the case and may, as part of that investigation and if the Director considers it appropriate, hear persons appearing to the Director to be interested.”,

• (b) by the insertion of the following subsection after subsection (2):

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

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

• (c) A person who receives a notification under paragraph (a) may, within 28 days from the issue of the notification, make representations to the Director as to why the case should not be dealt with on the basis of written submissions only.

• (d) Where, in representations made pursuant to paragraph (c), objection is made to the Director dealing with the matter on the basis of written submissions only, the Director shall not determine the matter in that manner.”,

• (c) by the insertion of the following subsection after subsection (5):

• “(5A) In the course of an investigation under this section the Director may—

  • (a) refer to the High Court a point of law arising in the investigation, and

  • (b) adjourn the investigation (if he or she thinks it appropriate to do so) pending the outcome of the reference.”, and

• (d) in subsection (6)(b), by the substitution of “subsection (3) or (3A)” for “subsection (3)”.

25. Amendment of section 82 of Act of 1998.

25.— (1) Section 82 of the Act of 1998 is amended by the substitution of the following for subsection (4):

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

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

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

    • (ii) 104 times the amount, determined on a weekly basis, which the complainant would have received at that date but for the act of discrimination or victimisation concerned, or

    • (iii) €40,000,

    or

  • (b) in any other case, €13,000.”.

• (2) Subsection (1) applies as respects a claim under section 77(1) where the act or omission the subject of the claim occurs after the coming into operation of subsection (1).

26. Amendment of section 83 of Act of 1998.

26.— Section 83 of the Act of 1998 is amended, in subsection (5), by the substitution of “under section 79(3) or (3A)” for “under section 79(3)”.

27. Amendment of section 21 of Act of 2000.

27.— Section 21 of the Act of 2000 is amended by the substitution of the following paragraph for paragraph (a) of subsection (7A):

• “(a) Not later than 42 days from the date of a decision of the Director on an application by a complainant for an extension of time under subsection (3) or (6), the complainant or respondent may appeal against the decision to the Circuit Court on notice to the Director specifying the grounds of the appeal.”.

28. Amendment of section 25 of Act of 2000.

28.— Section 25 of the Act of 2000 is amended—

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

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

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

  • (b) falls to be dealt with under this section by virtue of section 24(6),

  the Director shall investigate the case and may, as part of that investigation and if the Director considers it appropriate, hear persons appearing to the Director to be interested.”,

and

• (b) by the insertion of the following subsection after subsection (2):

• “(2A)

  • (a) Where the Director considers that the case may be dealt with on the basis of written submissions only, the Director shall notify the parties in writing of his or her proposal to do so.

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

  • (c) A person who receives a notification under paragraph (a) may, within 28 days from the issue of the notification, make representations to the Director as to why the case should not be dealt with on the basis of written submissions only.

  • (d) Where, in representations made pursuant to paragraph (c), objection is made to the Director dealing with the matter on the basis of written submissions only, the Director shall not determine the matter in that manner.”.

29. Amendment of section 39 of Act of 2000.

29.— Section 39 of the Act of 2000 is amended by the substitution of the following paragraph for paragraph (b):

• “(b) to promote equality of opportunity in relation to the matters to which this Act applies; and”.

PART 7 Bankruptcy

30. Amendment of Bankruptcy Act 1988.

30.— The Bankruptcy Act 1988 is amended—

• (a) in section 11, by the substitution in subsection (1)(d) of “within 3 years” for “within a year”,

• (b) by the insertion after section 18 of the following new section:

“Revenue Commissioners to furnish certain information to Official Assignee.

18A.— (1) Where a person has been adjudicated bankrupt the Revenue Commissioners shall, where requested to do so by the Official Assignee, furnish to the Official Assignee such information as has been requested held by them in relation to the carrying on of any trade or profession or relating to any matter in respect of which a return is required to be made to the Revenue Commissioners and to which the bankrupt is or was a party.

• (2) The information to be provided under subsection (1) shall also be provided to a trustee in bankruptcy other than the Official Assignee appointed under Part V.”.

• (c) in section 57, by the substitution in subsection (1) of “if the person making, incurring, taking or suffering the same is adjudicated bankrupt within 1 year after the date of the making” for “if the person making, incurring, taking or suffering the same is adjudicated bankrupt within six months after the date of the making”,

• (d) in section 58, by the substitution in subsection (1) of “If within 1 year” for “If within three months”,

• (e) in section 61(3)(h) (amended by section 34 of the Courts and Court Officers Act 2002) by the substitution of “€12,000” for “€7,000”,

• (f) in section 75, by the substitution of the following for subsection (2):

• “(2) Where interest or any pecuniary consideration in lieu of interest is reserved or agreed for on a debt which is overdue at the date of adjudication or order for protection, the creditor shall be entitled to prove or to be admitted as a creditor for such interest or consideration up to the date of adjudication or order for protection.”,

and

• (g) by the substitution of the following for section 85:

“Discharge and annulment.

85.— (1) Every bankruptcy shall, on the 12th anniversary of the date of the making of the adjudication order in respect of that bankruptcy, unless prior to that date the bankruptcy has been discharged or annulled, stand discharged.

• (2) Where a bankruptcy is discharged by virtue of subsection (1) any property of the bankrupt which remains vested in the Official Assignee shall, after provision has been made for the payment of—

  • (a) the expenses, fees, costs of the bankruptcy, and

  • (b) preferential payments,

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

• (3) A bankrupt shall be entitled to an order discharging him from bankruptcy where provision has been made for the payment of the expenses, fees and costs of the bankruptcy, and the preferential payments, and—

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

  • (b) he has obtained the consent in writing of all of his creditors whose debts have been proved and admitted in the bankruptcy, or

  • (c) section 41 (discharge of adjudication order) applies.

• (4) The giving of consent by a creditor under subsection (3) constitutes a waiver by that creditor of the right to recover the amount concerned proved and admitted in bankruptcy.

• (5) A bankrupt whose estate has, in the opinion of the Court, been fully realised, shall be entitled to an order discharging him from bankruptcy where provision has been made for the payment of the expenses, fees and costs of the bankruptcy, and the preferential payments, and—

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

  • (b) he or his friends have paid to his creditors such additional sums as will together with the dividend paid make up 50 cent in the euro.

• (6) Where a bankruptcy has subsisted for at least 5 years a bankrupt may apply to the Court for an order discharging him from bankruptcy where provision has been made for the payment of the expenses, fees and costs of the bankruptcy, and the preferential payments, and where the Court is satisfied that—

  • (a) the estate of the bankrupt has been fully realised,

  • (b) all after acquired property has been disclosed, and

  • (c) it is reasonable and proper to grant the application,

  the Court shall make an order discharging the bankruptcy.

• (7) Where a bankruptcy has been discharged pursuant to subsection (6) and sufficient funds remain available to pay a dividend to the creditors of the bankrupt such funds shall remain vested in the Official Assignee for the benefit of such creditors.

• (8) A person shall be entitled to an annulment of his adjudication—

  • (a) where he has shown cause pursuant to section 16, or

  • (b) in any other case where, in the opinion of the Court, he ought not to have been adjudicated bankrupt.

• (9) Subject to subsection (7), an order of discharge or annulment shall provide that any property of the bankrupt then vested in the Official Assignee shall be revested in or returned to the bankrupt, and that order shall for all purposes be deemed to be a conveyance, assignment or transfer of that property to the bankrupt and, where appropriate, may be registered accordingly.

• (10) A person whose bankruptcy has been discharged or annulled may on application obtain a certificate of discharge or annulment, as the case may be, under the seal of the Court.

• (11) In this section ‘bankrupt’ includes personal representatives and assigns.”.

PART 8 Amendment of Family Law (Maintenance of Spouses and Children) Act 1976

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

31.— The Family Law (Maintenance of Spouses and Children) Act 1976 is amended by the insertion, after section 9, but in Part III, of the following new sections:

“Failure to make payments to be contempt of court.

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

• (2) As respects a contempt of court arising pursuant to this section, a judge of the District Court shall, subject to this section, have such powers, including the power to impose a sanction, as are exercisable by a judge of the High Court in relation to contempt of court in proceedings before the High Court.

• (3) Where a payment under an antecedent order made by the District Court has not been made, the maintenance creditor may apply to the District Court clerk concerned for the issue of a summons directing the maintenance debtor to appear before the District Court.

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

  • (a) be issued by the District Court clerk concerned,

  • (b) contain a statement that failure to make a payment in accordance with the order concerned constitutes a contempt of court and giving details of the consequences of the court finding that a contempt of court has taken place including in particular the possibility of imprisonment,

  • (c) state that the maintenance debtor may be arrested if he or she fails to appear before the District Court as directed in the summons, and

  • (d) be served on the maintenance debtor personally, or in such other manner authorised by a judge of the District Court.

• (5) If the maintenance debtor fails, without reasonable excuse, to appear before the court in answer to the summons, the judge of the District Court, on the application of the maintenance creditor, shall, if satisfied that the debtor was served with the summons, issue a warrant for the arrest of the maintenance debtor.

• (6) A maintenance debtor arrested pursuant to a warrant issued under subsection (5) shall be brought as soon as practicable before the District Court.

• (7) Where a maintenance debtor is arrested and brought before the District Court under subsection (6), the judge shall fix a new date for the hearing of the summons and direct that the creditor be informed by the District Court by notice in writing of the date so fixed, and shall explain to the debtor in ordinary language—

  • (a) that he or she is required to attend before the court at the date next fixed for the hearing of the summons,

  • (b) that failure to attend may in itself constitute a contempt of court and the consequences of such contempt, including in particular the possibility of imprisonment, and that such contempt and the consequences which may follow are in addition to the consequences arising by reason of failure to make a payment under the antecedent order, and

  • (c) that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.

• (8) At the hearing of the summons, before hearing evidence from any party the judge shall explain to the debtor in ordinary language—

  • (a) the consequences, and in particular the possibility of imprisonment, which may follow a failure to make a payment in accordance with an antecedent order, and

  • (b) unless the maintenance debtor has already been so informed under subsection (7), that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.

• (9) On the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, if the judge is satisfied that the payment concerned has not been made, and—

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

    • (i) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or

    • (ii) some other reason not attributable to any act or omission of the maintenance debtor,

    the judge may, where he or she believes that to do so would improve the likelihood of the payment concerned being made within a reasonable period, adjourn the hearing—

    - (I) to enable the outstanding payment to be made, or
    
    - (II) to enable an application to be made for an attachment of earnings order under section 10,
    

  • (b) that the failure to make the payment concerned is due to the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later) the judge may, where the antecedent order was made by the District Court, treat the hearing as an application to vary the antecedent order, and having heard evidence as to the financial circumstances of both the maintenance debtor and the maintenance creditor, make an order varying the antecedent order.

• (10) Where on the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, the judge is satisfied that the payment concerned has not been made and that the failure to make the payment concerned is not due to—

  • (a) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or

  • (b) some other reason not attributable to any act or omission of the maintenance debtor,

  the judge may treat the failure by the maintenance debtor to make the payment concerned as constituting contempt of court and the judge may deal with the matter accordingly.

• (11) Where a maintenance debtor to whom subsection (7) applies does not attend court on the date fixed for the hearing of the summons the judge may treat such failure to attend court as constituting contempt of court and the judge may deal with the matter accordingly.

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

  • (a) the amount of the person’s annual income,

  • (b) the aggregate value of all property (real and personal) belonging to the person,

  • (c) the aggregate of all liabilities of the person including any duty (moral or legal) to provide financially for members of his or her family or other persons,

  • (d) the aggregate of all monies owing to the person, the dates upon which they fall due to be paid and the likelihood of their being paid, and

  • (e) such other circumstances as the court considers appropriate.

• (13) This section does not apply unless the antecedent order concerned was actually made by the District Court.

Certificate of outstanding payments.

9B.— Where, pursuant to section 9, a court has made a maintenance order, a variation order or an interim order and directed that payments under the order be made to the District Court clerk, in any proceedings under this Act or under the Enforcement of Court Orders Acts 1926 to 2009, a certificate purporting to be signed by the relevant District Court clerk as to the amount of monies outstanding on foot of such order shall, until the contrary is shown, be evidence of the matters stated in the certificate.”.

PART 9 Coroners

32. Amendment of Coroners Act 1962.

32.— The Coroners Act 1962 is amended—

• (a) by the insertion, after section 6 of the following new section:

“Coroner’s district of Dublin.

6A.— (1) The coroners’ districts of the county of Dublin and the city of Dublin existing immediately before the coming into operation of this section shall as and on the coming into operation of this section be amalgamated into one district and shall be known as the coroner’s district of Dublin.

• (2) On the coming into operation of this section, section 6 shall cease to apply to the coroner’s district of Dublin.

• (3) The persons who immediately before the coming into operation of this section held the offices of coroner and deputy coroner in the districts referred to in subsection (1) shall from that day hold such respective offices in the coroner’s district of Dublin.

• (4) Notwithstanding the provisions of subsection (1), the financial arrangements referred to in section 23(4) of the Local Government (Dublin) Act 1993 shall continue to operate until the Minister specifies arrangements pursuant to subsection (5).

• (5) The Minister may specify administrative arrangements in respect of the coroner’s district of Dublin and such arrangements shall be operated by the local authorities to which they relate.

• (6) Where a vacancy occurs in respect of the coroner’s district of Dublin, the Minister shall make arrangements to fill the vacancy.

• (7) Where more than one person stands duly appointed to be a coroner in respect of the coroner’s district of Dublin, the Minister shall designate one of those persons to be the senior coroner of that district, but any such designation shall not affect the independence of any other coroner of the district in the performance of his or her functions as a coroner.

• (8) The person designated under subsection (7) to be senior coroner in respect of the coroner’s district of Dublin shall order the work of that district.”,

• (b) by the substitution of the following section for section 7:

“Amalgamation of districts.

7.— (1) Where a vacancy arises in the office of coroner in respect of a coroner’s district, and that district is within the area of a local authority in which there is more than one coroner’s district, the Minister, following consultation with the local authority concerned, may direct that a coroner holding office in respect of another coroner’s district within the area of that local authority shall also hold office as coroner in respect of the district in which the vacancy arose, and on the direction of the Minister coming into effect, the coroner’s districts shall stand amalgamated.

• (2) The Minister shall not issue a direction under subsection (1) unless the coroner concerned consents to act as coroner in respect of the amalgamated district.”,

• (c) in section 8 by the substitution of the following for subsection (2):

• “(2) Subject to section 7 and subsection (2A), the coroner for a coroner’s district shall be appointed by the local authority in whose area the district is situate.

• (2A) The coroner for the coroner’s district of Dublin shall be appointed by the Minister.”,

• (d) in section 11 by the insertion of the following subsection after subsection (2):

• “(3) Where a coroner intends to resign or will vacate the office on attaining the age of 70 years, he or she shall give not less than 3 months notice of such intention or attainment to the Minister.”,

• (e) by the insertion, after section 11, of the following section:

“Temporary coroner.

11A.— (1) A person who stands appointed as a coroner or deputy coroner in respect of a coroner’s district may, with the consent of that person, be assigned by the Minister to act temporarily as a coroner in respect of a different coroner’s district in which the coroner appointed to that district is temporarily absent or in respect of which the office of coroner is vacant.

• (2) A person assigned to act as a temporary coroner under subsection (1) shall on being so assigned have all the powers of a coroner in relation to the coroner’s district concerned.

• (3) An assignment made under subsection (1) may be revoked by the Minister at any time.

• (4) Section 7 shall not apply where a person is appointed to act temporarily as a coroner under this section.”,

• (f) in section 13—

• (i) by the substitution in subsection (1) of “Subject to subsection (1A), every coroner” for “Every coroner”,

• (ii) by the insertion of the following subsection after subsection (1):

• “(1A) A person shall not be appointed as a deputy coroner without the prior approval of the Minister.”, and

• (iii) by the insertion of the following subsection after subsection (8):

• “(9) Where a deputy coroner intends to resign or will vacate the office on attaining the age of 70 years, he or she shall give notice of not less than 3 months of such intention or attainment to the coroner for the coroner’s district concerned and to the Minister.”,

and

• (g) by the substitution of the following for section 14:

“Qualification for appointment as coroner or deputy coroner.

14.— (1) A person shall not be appointed to be a coroner or a deputy coroner under this Act unless he or she is—

• (a) a barrister who has practised as a barrister for not less than 5 years,

• (b) a solicitor who has practised as a solicitor for not less than 5 years, or

• (c) a registered medical practitioner who has practised as a medical practitioner for not less than 5 years.

• (2) For the purposes of subsection (1), in reckoning the period of time a person has practised as a barrister, any period during which that person practised as a solicitor shall be taken into account.

• (3) For the purposes of subsection (1), in reckoning the period of time that a person has practised as a solicitor, any period during which that person practised as a barrister shall be taken into account.

• (4) For the purposes of subsection (1), where a person who is a solicitor or a barrister has served in a position—

  • (a) as an officer in the civil service of the State,

  • (b) as an officer in the civil service of the Government, or

  • (c) as a member of the staff or as an officer of a body established by or under statute,

  and it was a condition of eligibility for appointment to such position that the person be enrolled as a solicitor in the State or have been called to the Bar of Ireland, service in such position shall be reckoned as practice as a solicitor or barrister, as the case may be.

• (5) Where a person has been appointed as a coroner or deputy coroner, the fact that such person ceases to practice as a barrister, solicitor or registered medical practitioner shall not affect the entitlement of that person to continue in office as a coroner or deputy coroner.

• (6) Subsection (5) does not apply where the person concerned ceased to practice by reason of—

  • (a) in the case of a barrister, having being disbarred,

  • (b) in the case of a solicitor, having been struck off the roll of solicitors, or

  • (c) in the case of a medical practitioner, his or her registration in the Register of Medical Practitioners having been cancelled or suspended under the Medical Practitioners Act 2007,

  otherwise than at the request of the person concerned.

• (7) For the purposes of determining eligibility for appointment as a judge of any court established by the Courts (Establishment and Constitution) Act 1961—

  • (a) in the case of a person who, is a barrister who, but for this subsection would not be considered to be in practice as a barrister as respects a particular period, service as a coroner for that period shall be reckoned as practice as a barrister,

  • (b) in the case of a person who is a solicitor who, but for this subsection, would not be considered to be in practice as a solicitor as respects a particular period, service as a coroner for that period shall be reckoned as practice as a solicitor.

• (8) Subsection (7) shall not apply where—

  • (a) in the case of a barrister, that person has been disbarred,

  • (b) in the case of a solicitor, that person has been struck off the roll of solicitors,

  otherwise than at the request of the person concerned.”.

PART 10 Amendment of Irish Nationality and Citizenship Act 1956

33. Amendment of Irish Nationality and Citizenship Act 1956.

33.— The Irish Nationality and Citizenship Act 1956 is amended—

• (a) in section 2, by the insertion of the following definition:

“ ‘civil partner’ means a civil partner within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”,

• (b) in section 15 (amended by section 8 of the Irish Nationality and Citizenship Act 2004)—

• (i) by the substitution of the following for subsection (1)(e):

• “(e) has, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

  • (i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

  • (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.”,

and

• (ii) by the insertion of the following after subsection (3) (inserted by section 8 of the Irish Nationality and Citizenship Act 2004):

• “(4) In this section and section 15A, ‘citizenship ceremony’ means a ceremony, held before a judge, or a retired judge, of the District Court, Circuit Court, High Court or Supreme Court, or such other person as may be designated for that purpose by the Minister, at a place and in a form approved by the Minister, at which the applicant has made the declaration and undertaking referred to in subsection (1)(e) or section 15A(1)(h).”,

• (c) by the substitution of the following section for section 15A (amended by section 9 of the Irish Nationality and Citizenship Act 2004):

“15A.— (1) Notwithstanding the provisions of section 15, the Minister may, in his or her absolute discretion, grant an application for a certificate of naturalisation to the non-national spouse or civil partner of an Irish citizen if satisfied that the applicant—

• (a) is of full age,

• (b) is of good character,

• (c) and that citizen—

  • (i) are married to each other, have been married to each other for a period of not less than 3 years, and are living together, as attested to by affidavit submitted by the citizen to the Minister in the prescribed form, or

  • (ii) are civil partners of each other, have been civil partners of each other for a period of not less than 3 years, and are living together, as attested to by affidavit submitted by the citizen to the Minister in the prescribed form,

• (d) is, in the case of a spouse, in a marriage recognised under the laws of the State as subsisting,

• (e) had, immediately before the date of the application, a period of one year’s continuous residence in the island of Ireland,

• (f) had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years,

• (g) intends in good faith to continue to reside in the island of Ireland after naturalisation, and

• (h) has, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

• (i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

  • (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

• (2) The Minister may, in his or her absolute discretion, waive the conditions at paragraph (c), (e), (f) or (g) of subsection (1) or any of them if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

• (3) Paragraph (g) of subsection (1) shall not apply to an applicant for a certificate of naturalisation to whom subsection (4) applies.

• (4) Any period of residence outside the island of Ireland, during which—

  • (a) the applicant for a certificate of naturalisation to which this section applies was—

    • (i) married to and living with his or her spouse, or

    • (ii) in a civil partnership with and living with his or her civil partner,

    and

  • (b) the applicant’s spouse or, as the case may be, civil partner was in the public service,

  shall be reckoned as a period of residence in the island of Ireland for the purposes of calculating—

  - (i) continuous residence under paragraph (*e*) of subsection (1), or
  
  - (ii) total residence under paragraph (*f*) of that subsection.”,
  

• (d) in section 16 (amended by section 10 of the Irish Nationality and Citizenship Act 2004)—

• (i) by the insertion in subsection (2)(a) of “, or is the civil partner of,” after “related by blood, affinity or adoption to”, and

• (ii) by the insertion in subsection (2)(b) of “, or was the civil partner of,” after “related by blood, affinity or adoption to”,

• (e) by the substitution of the following section for section 17 (amended by section 12 of the Irish Nationality and Citizenship Act 2004):

“17.— An application for a certificate of naturalisation shall be—

• (a) in the prescribed form, and

• (b) accompanied by—

  • (i) such fee (if any) as may be prescribed, and

  • (ii) such evidence (including statutory declarations) to vouch the application as the Minister may require.”,

• (f) in section 19(1)(e), by the substitution for “act other than marriage” of “act, other than marriage or entry into a civil partnership,”,

• (g) by the substitution of the following section for section 20:

“Acquisition of citizenship by person who is married or a civil partner.

20.— Acquisition of Irish citizenship by a person shall not of itself confer Irish citizenship on his or her spouse or civil partner.”,

• (h) by the substitution of the following section for section 22:

“Non-effect of death or loss of citizenship on person’s spouse, civil partner or children.

22.— (1) The death of an Irish citizen shall not affect the citizenship of his or her surviving spouse, civil partner or children.

• (2) Loss of Irish citizenship by a person shall not of itself affect the citizenship of his or her spouse, civil partner or children.”,

and

• (i) by the substitution of the following section for section 23 (amended by section 8 of the Irish Nationality and Citizenship Act 2001):

“Marriage or civil partnership not to effect loss of citizenship.

23.— A person who marries, or enters into a civil partnership with, a non-national shall not, merely by virtue of the marriage or civil partnership, cease to be an Irish citizen, whether or not he or she acquires the nationality of the non-national.”.

PART 11 Immigration

34. Amendment of Immigration Act 2004.

34.— The Immigration Act 2004 is amended—

• (a) by the substitution of the following section for section 11: