Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

PART 1 Preliminary and General

1. Short title, commencement and collective citation

1. (1) This Act may be cited as the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) The Coroners Acts 1962 to 2019 and Part 2 may be cited together as the Coroners Acts 1962 to 2020.

2. Definitions

2. In this Act—

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“Minister” means the Minister for Justice and Equality.

3. Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

4. Orders

4. Every order, other than an order under section 1(2), made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5. Repeals

5. (1) Sections 33 and 34 of the Act of 2007 are repealed.

(2) The repeal of the sections specified in subsection (1) shall not affect any direction made under section 33 of the Act of 2007 prior to the coming into operation of this section.

(3) Section 26 of the Civil Law (Miscellaneous Provisions) Act 2008 is repealed.

(4) In this section, “Act of 2007” means the Prisons Act 2007.

PART 2 Amendments to Coroners Act 1962

6. Definition (Part 2)

6. In this Part, “Principal Act” means the Coroners Act 1962.

7. Assignment and appointment of temporary coroner in exceptional circumstances

7. The Principal Act is amended by the insertion of the following section after section 11A:

“11B. (1) The Minister may, in exceptional circumstances arising due to the number or nature of deaths resulting from a pandemic, catastrophic event or other occurrence leading to mass fatalities, upon a request in that behalf from a coroner for a coroner’s district—

(a) subject to subsection (2), assign a person who stands appointed as a coroner or deputy coroner for another coroner’s district, or

(b) subject to subsections (3) and (6), appoint a person (including a person who previously stood appointed as a coroner or deputy coroner for any coroner’s district) who has not attained the age of 75 years at the time of the appointment and is qualified for such appointment under section 14,

to act temporarily as a coroner (in this section referred to as a ‘temporary coroner’) for the first-mentioned coroner’s district if the Minister is satisfied that such assignment or appointment is necessary for the purpose of increasing the number and progress of inquiries under this Act into deaths in that district.

(2) An assignment of a person under subsection (1)(a) shall be made only with the consent of the person to be assigned.

(3) The Minister shall, before making an appointment under subsection (1)(b), satisfy himself or herself that the person possesses the requisite knowledge and ability for the proper discharge of the duties of a coroner.

(4) An assignment or appointment under subsection (1) shall be in writing and shall be made for a specified period, not exceeding 6 months, from the date of the assignment or appointment, as the case may be.

(5) (a) Subject to paragraph (c), an assignment under subsection (1)(a) may, upon a request in that behalf from the coroner for the coroner’s district concerned and with the consent of the person who is the subject of the assignment, be renewed from time to time in writing by the Minister for a further period not exceeding 6 months from the expiration of the period specified in accordance with subsection (4) or, as the case may be, from the expiration of the last period of renewal under this paragraph.

(b) Subject to paragraph (c), an appointment under subsection (1)(b) may, upon a request in that behalf from the coroner for the coroner’s district concerned, be renewed in writing, up to a maximum of 3 times, by the Minister and each renewal may be for a further period not exceeding 6 months from the expiration of the period specified in accordance with subsection (4) or, as the case may be, from the expiration of the last period of renewal under this paragraph.

(c) An assignment or appointment shall not be renewed under paragraph (a) or (b) unless the Minister is satisfied that at the time the renewal is requested—

(i) the exceptional circumstances referred to in subsection (1) exist, and

(ii) such renewal is necessary for the purpose referred to in that subsection.

(6) The appointment of a person as a temporary coroner shall cease upon the person attaining the age of 75 years.

(7) A request by a coroner under subsection (1) or (5) shall—

(a) be in writing, and

(b) specify the exceptional circumstances referred to in subsection (1) which apply and the reasons why the coroner considers that such assignment, appointment or renewal, as the case may be, is necessary for the coroner’s district concerned for the purpose referred to in that subsection.

(8) The Minister shall, before making or renewing an assignment or appointment under this section, consult—

(a) in the case of a coroner’s district other than the coroner’s district of Dublin, with the local authority in whose area the district is situate, and

(b) in the case of a proposed assignment under subsection (1)(a) of a person who stands appointed in another district as a deputy coroner, with the coroner for that other district.

(9) Where a person is assigned or appointed to act as a temporary coroner under this section, the Minister shall—

(a) in the case of a coroner’s district other than the coroner’s district of Dublin, designate the coroner who made the request under this section as the senior coroner for that district for the period of such assignment or appointment and that senior coroner shall, for that period, order the work of the district, and

(b) in the case of the coroner’s district of Dublin where no senior coroner is designated under subsection (7) or (9) of section 6A, designate the coroner for the coroner’s district of Dublin who made the request as the senior coroner for that district for the period of such assignment or appointment and that senior coroner shall, for that period, order the work of the district.

(10) During the illness or absence of the person designated under subsection (9) to be the senior coroner for a coroner’s district, the Minister may designate the deputy coroner for the district concerned to perform the functions of the senior coroner for that district for any period during such illness or absence.

(11) A designation under subsection (9) or (10) shall not affect the independence of any other coroner, or of any other person exercising the powers and duties of the coroner, for that district, in the performance of his or her functions as such.

(12) A person assigned or appointed to act as a temporary coroner under this section shall, during such period of assignment or appointment, have all the powers and duties, other than a power to appoint a deputy coroner, of a coroner for the coroner’s district concerned.

(13) An assignment or appointment made under this section may be revoked by the Minister at any time.

(14) (a) A person assigned or appointed to act as a temporary coroner under this section for the coroner’s district of Dublin shall be paid such salary, inclusive of any travelling, subsistence and other out-of-pocket expenses incurred by him or her in the course of his or her duties as temporary coroner, as may be agreed with the Minister.

(b) A person assigned or appointed to act as a temporary coroner under this section for a coroner’s district other than the coroner’s district of Dublin shall be paid such salary, inclusive of any travelling, subsistence and other out-of-pocket expenses incurred by him or her in the course of his or her duties as temporary coroner, as may be agreed with the local authority in whose area the district is situate.

(15) The Minister, in the case of the coroner’s district of Dublin, or the local authority in whose area the district is situate, in the case of any other coroner’s district, shall pay such expenses, other than out-of-pocket expenses, as the temporary coroner incurs in the course of his or her duties as temporary coroner.”.

8. Arrangements for coroners’ districts other than coroner’s district of Dublin

8. The Principal Act is amended by the insertion of the following section after section 13A:

“13B. (1) In addition to the instances set out in section 13(3) where a deputy coroner may act for the coroner by whom he or she was appointed, the Minister may, in exceptional circumstances arising from the number or nature of deaths resulting from a pandemic, catastrophic event or other occurrence leading to mass fatalities, upon a request in that behalf from a coroner for a coroner’s district other than the coroner’s district of Dublin, authorise a deputy coroner appointed by that coroner to act temporarily for that coroner in that district if the Minister is satisfied that such authorisation is necessary for the purpose of increasing the number and progress of inquiries under this Act into deaths in that district.

(2) An authorisation under subsection (1) shall be made only with the consent of the deputy coroner concerned.

(3) An authorisation under subsection (1) shall be in writing and shall be made for a specified period, not exceeding 6 months, from the date of the authorisation.

(4) (a) Subject to paragraph (b), an authorisation may, upon a request in that behalf from the coroner of the coroner’s district concerned and with the consent of the person who is the subject of the authorisation, be renewed from time to time in writing by the Minister for a further period not exceeding 6 months from the expiration of the period specified in accordance with subsection (3) or, as the case may be, from the expiration of the last period of renewal under this subsection.

(b) An authorisation shall not be renewed under paragraph (a) unless the Minister is satisfied that at the time the renewal is requested—

(i) the exceptional circumstances referred to in subsection (1) exist, and

(ii) such renewal is necessary for the purpose referred to in that subsection.

(5) A request by a coroner under subsection (1) or (4) shall—

(a) be in writing, and

(b) specify the exceptional circumstances referred to in subsection (1) which apply and the reasons why the coroner considers that such authorisation or renewal, as the case may be, is necessary for the coroner’s district concerned for the purpose referred to in that subsection.

(6) The Minister shall, before making or renewing an authorisation under this section, consult with the local authority in whose area the coroner’s district is situate.

(7) The Minister shall, where an authorisation is in force under this section and no senior coroner stands designated under section 11B(9)(a), designate the coroner who made the request under this section as the senior coroner for that district for the period of such authorisation and that senior coroner shall order the work of the district.

(8) During the illness or absence of the person designated under subsection (7) to be the senior coroner for a coroner’s district, the Minister may designate the deputy coroner for the district concerned to perform the functions of the senior coroner of that district for any period during such illness or absence.

(9) A designation under subsection (7) or (8) shall not affect the independence of any other coroner, or of any other person exercising the powers and duties of the coroner, for that district in the performance of his or her functions as such.

(10) A deputy coroner authorised to act for the coroner of a district under this section shall, for the period the authorisation is in force, have all the powers and duties, other than the power to appoint a deputy under section 13(1), of a coroner for that district.

(11) An authorisation given under this section may be revoked by the Minister at any time.

(12) A deputy coroner authorised to act for the coroner of a district under this section shall, while the authorisation is in force, be paid such salary, inclusive of any travelling, subsistence and other out-of-pocket expenses incurred by him or her in the course of his or her duties while so acting, as may be agreed with the local authority in whose area the district is situate.

(13) The local authority in whose area the district is situate shall, while an authorisation is in force under this section, pay such expenses, other than out-of-pocket expenses, as the deputy coroner incurs in the course of acting for the coroner.”.

9. Amendment of section 14 of Principal Act

9. Section 14 of the Principal Act is amended in subsection (1) by the insertion of “, or a temporary coroner under section 11B(1)(b),” after “under this Act”.

PART 3 Civil Proceedings

Chapter 1

10. F1[Definitions (Part 3)

10.In this Part—

"civil proceedings" includes any cause, action, suit, matter or application, other than criminal proceedings or relevant proceedings, in or to any court;

"criminal proceedings" and "relevant proceedings" have the same meanings as they have inPart 4.]

Chapter 2

11. Remote hearing of civil proceedings

11. (1) Subject to this section, a court before which civil proceedings may be heard may direct that any category or type of such proceedings shall proceed by remote hearing.

(2) Without prejudice to the power of a court under subsection (1), and subject to this section, in any civil proceedings before it, a court may, of its own motion or on the application of any of the parties, direct that the proceedings concerned shall proceed by remote hearing.

(3) A direction under subsections (1) or (2) may—

(a) specify the electronic communications technology by which the proceedings are to proceed, and

(b) include such ancillary or consequential directions as the court concerned considers appropriate.

(4) In any relevant proceedings, where it appears to the court that the conduct of the proceedings in accordance with such a direction would be unfair to any of the parties or otherwise be contrary to the interests of justice, the court, of its own motion or on the application of any of the parties, and having heard the parties, shall, as the case may be—

(a) direct that the direction under subsection (1) shall not apply in respect of the proceedings concerned, or

(b) revoke the direction under subsection (2).

(5) Without prejudice to the power of a court to conduct relevant proceedings by remote hearing in the absence of such rules, rules of court may make further provision for the conduct of relevant proceedings by remote hearing and, without prejudice to the generality of the foregoing, may make provision in relation to any or all of the following matters:

(a) the means by which remote hearings are to take place;

(b) the conduct of remote hearings;

(c) the attendance of witnesses at remote hearings (including the compelling of such attendance);

(d) the procedures by which a party or parties referred to in subsection (4) may object to the proceedings proceeding by remote hearing and the hearing and determination of such objections.

(6) Where relevant proceedings are conducted by remote hearing—

(a) the court shall have the same power, with any necessary modification, to make any orders (including orders for the attendance of witnesses and the production of documents) in respect of the conduct of the proceedings as may be made in respect of proceedings that are not so-conducted, and

(b) a person who participates by remote hearing in the proceedings shall, in respect of such participation—

(i) be deemed to be present at the proceedings concerned, and

(ii) have the same immunities and privileges, and shall be subject to the same obligations and liabilities, as he or she would were he or she participating in proceedings that are not so-conducted.

(7) A person who, in relation to relevant proceedings that are conducted by remote hearing—

(a) with the intention of frustrating the participation by a person in the proceedings, interferes with or obstructs the electronic communications technology employed in the proceedings, or

(b) makes, without the permission of the court, any recording of the proceedings,

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years, or both.

(8) Proceedings for an offence—

(a) under subsection (7), or

(b) committed, whether under subsection (7) or otherwise, by a person in connection with his or her participation by remote hearing in relevant proceedings,

may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.

(9) Where a judge of the District Court or a judge of the Circuit Court conducts relevant proceedings by remote hearing, the judge concerned—

(a) shall, for all purposes connected with the proceedings concerned, be deemed to be present at a sitting of the District Court or a sitting of the Circuit Court, as the case may be, whether or not the judge is present in the court in which the proceedings would, but for this section, be conducted, and

(b) may, in relation to the district court district or circuit court circuit, as the case may be, to which he or she is assigned, exercise, in respect of the proceedings concerned, while in any place in the State, whether in or outside that district or circuit, as the case may be, any power for the time being conferred on him or her by law if, but only if, he or she would be entitled to exercise the power concerned at a sitting of the District Court or Circuit Court, as the case may be, in that district or circuit.

(10) This section applies to civil proceedings whether such proceedings are brought before on or after the commencement of the section.

(11) The power of a court under subsection (1) may be exercised on behalf of the court by the Chief Justice, in the case of the Supreme Court, and by the President of the Court in the case of any other Court.