Courts and Civil Law (Miscellaneous Provisions) Act 2023

PART 1 Preliminary and General

1. Short title, collective citation and commencement

1. (1) This Act may be cited as the Courts and Civil Law (Miscellaneous Provisions) Act 2023.

(2) The Civil Liability Acts 1961 to 2017 and Part 3 may be cited together as the Civil Liability Acts 1961 to 2023.

(3) The Bankruptcy Acts 1988 to 2015 and Part 5 may be cited together as the Bankruptcy Acts 1988 to 2023.

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

PART 2 Amendment of Irish Nationality and Citizenship Act 1956

2. Definition (Part 2)

2. In this Part, “Act of 1956” means the Irish Nationality and Citizenship Act 1956.

3. Amendment of section 2 of Act of 1956

3. Section 2 of the Act of 1956 is amended by the insertion of the following definition:

“‘citizenship ceremony’ means a ceremony held—

(a) before a judge, or a retired judge, of the District Court, Circuit Court, Court of Appeal, High Court or Supreme Court or such other person as may be designated for that purpose by the Minister, and

(b) at a place and in a form approved by the Minister,

at which an applicant makes the declaration and gives the undertaking referred to in section 15(1)(e), section 15A(1)(h) or section 15B(1)(d), as the case may be;”.

4. Amendment of section 6B of Act of 1956

4. Section 6B(4) of the Act of 1956 is amended, in paragraph (c), by the substitution of “subsection (1) of section 16 of the International Protection Act 2015” for “subsection (2) of section 9 (amended by section 7(c)(i) of the Act of 2003) of the Act of 1996”.

5. Amendment of section 7 of Act of 1956

5. Section 7 of the Act of 1956 is amended—

(a) in subsection (3A), by the substitution of “in” for “on”, and

(b) by the insertion of the following subsections after subsection (3A):

“(3B) A person born outside the island of Ireland, other than a person to whom subsection (3)(b) applies, who derives citizenship through a parent who—

(a) was born in the island of Ireland, and

(b) at the time of the person’s birth was abroad in the public service,

shall be deemed to have been born in the island of Ireland for the purposes of this section.

(3C) Subsection (3B) shall apply to a person born before or after the coming into operation of section 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023.”.

6. Amendment of section 15 of Act of 1956

6. Section 15 of the Act of 1956 is amended—

(a) in subsection (1)—

(i) by the substitution of the following paragraph for paragraph (a):

“(a) is of full age;”,

and

(ii) by the substitution of the following paragraph for paragraph (e):

“(e) has, in accordance with subsection (1A) or, as the case may be, subsection (1B), and in the prescribed manner—

(i) made a declaration of fidelity to the nation and loyalty to the State, and

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

(b) by the insertion of the following subsections after subsection (1):

“(1A) The declaration referred to in paragraph (e) of subsection (1) shall be made, and the undertaking referred to in that paragraph shall be given—

(a) subject to subsection (1B), in a citizenship ceremony, or

(b) in such manner as the Minister, for special reasons, allows.

(1B) The Minister may—

(a) dispense with the requirement under subsection (1A)(a) that the declaration be made and the undertaking be given in a citizenship ceremony, and

(b) allow the applicant to make the declaration and give the undertaking in such manner as the Minister may specify,

where the Minister is of the opinion that, having regard to the number of applications of which he is in receipt, it is appropriate to do so in the interests of ensuring that such applications are dealt with in an efficient manner.”,

(c) in subsection (2), by the substitution of “subsection (1) and paragraphs (a) to (d) of section 15B(1)” for “subsection (1)”, and

(d) by the deletion of subsections (3) and (4).

7. Amendment of section 15A of Act of 1956

7. Section 15A of the Act of 1956 is amended—

(a) in subsection (1), by the substitution of the following paragraph for paragraph (h):

“(h) has, in accordance with subsection (1A) or, as the case may be, subsection (1B), and in the prescribed manner—

(i) made a declaration of fidelity to the nation and loyalty to the State, and

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

(b) by the insertion of the following subsections after subsection (1):

“(1A) The declaration referred to in paragraph (h) of subsection (1) shall be made, and the undertaking referred to in that paragraph shall be given—

(a) subject to subsection (1B), in a citizenship ceremony, or

(b) in such manner as the Minister, for special reasons, allows.

(1B) The Minister may—

(a) dispense with the requirement under subsection (1A)(a) that the declaration be made and the undertaking be given in a citizenship ceremony, and

(b) allow the applicant to make the declaration and give the undertaking in such manner as the Minister may specify,

where the Minister is of the opinion that, having regard to the number of applications of which he or she is in receipt, it is appropriate to do so in the interests of ensuring that such applications are dealt with in an efficient manner.”.

8. Naturalisation of minors born in State and other matters

8. The Act of 1956 is amended by the insertion of the following sections after section 15A:

“Naturalisation of minors born in State

15B. (1) Upon receipt of an application under this section for a certificate of naturalisation in respect of a minor, the Minister may, in his or her absolute discretion, grant the application if satisfied that the minor—

(a) was born in the State,

(b) subject to subsection (2), is of good character,

(c) has had a period of one year’s continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to two years, and

(d) subject to subsection (3), 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, in the prescribed manner, to faithfully observe the laws of the State and to respect its democratic values.

(2) Where a minor is under 14 years of age on the date of his or her application under this section for a certificate of naturalisation, the condition at paragraph (b) of subsection (1) shall apply to him or her only where he or she—

(a) is charged with, and is awaiting trial for, or

(b) is or has been convicted of,

murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault within the meaning of section 3 of that Act.

(3) The condition at paragraph (d) of subsection (1) shall not apply to a minor who is under 14 years of age on the date of the application for a certificate of naturalisation.

(4) The Minister may, in his or her absolute discretion, waive the conditions at paragraph (b) or (d), or both, of subsection (1) in respect of a minor who is 14 years of age or over on the date of the application for a certificate of naturalisation, if the Minister considers it appropriate to do so having regard to the particular circumstances of the minor concerned.

(5) An application under this section in respect of a minor shall be made on behalf of the minor by his or her parent or guardian, or by a person who is in loco parentis to him or her.

Calculation of continuous residence for purposes of sections 15, 15A and 15B

15C. (1) When calculating a period of one year’s continuous residence in the State for the purposes of section 15 or 15B, the periods specified in subsection (3) during which—

(a) an applicant for a certificate of naturalisation under section 15, or

(b) a minor (in this section referred to as a ‘minor applicant’) in respect of whom an application for a certificate of naturalisation is made under section 15B,

was not present in the State shall be reckoned as a period of residence in the State.

(2) When calculating a period of one year’s continuous residence in the island of Ireland for the purposes of section 15A, the periods specified in subsection (3) during which an applicant for a certificate of naturalisation under that section was not present in the island of Ireland shall, subject to subsection (4), be reckoned as a period of residence in the island of Ireland.

(3) The following periods are specified for the purposes of subsections (1) and (2):

(a) a period not exceeding, or periods the aggregate of which do not exceed, 70 days, and

(b) an additional period not exceeding, or such additional periods the aggregate of which do not exceed, 30 days, where the Minister is satisfied that the person’s not being present in the State or in the island of Ireland, as the case may be, during such additional period or periods was necessitated by—

(i) in the case of a minor applicant, exceptional circumstances relating to the minor applicant, or the person who made the application on his or her behalf, or both, and

(ii) in any other case, exceptional circumstances relating to the person.

(4) Where section 15A(4) applies to an applicant for a certificate of naturalisation, the periods specified in subsection (3) shall be in addition to any period of residence outside the island of Ireland referred to in section 15A(4).

(5) In this section—

‘day’ does not include part of a day;

‘exceptional circumstances’, in relation to a person not being in the State or the island of Ireland, means one or more of the following:

(a) the family or personal circumstances of the person;

(b) the health requirements of the person or of a family member of the person;

(c) requirements arising out of, or in the course of, the employment, trade or profession of the person;

(d) requirements in pursuance of a course of study or a professional qualification of the person;

(e) any voluntary service by the person for humanitarian purposes;

(f) such other circumstances resulting in the person’s not being present in the State or in the island of Ireland, as the case may be, as the Minister considers to be outside the control of the person;

‘family member’, in relation to a person, means—

(a) the spouse, civil partner or cohabitant of the person,

(b) a child, step-child, son-in-law or daughter-in-law of the person,

(c) a parent, step-parent, mother-in-law or father-in-law of the person,

(d) a brother, sister, step-brother, step-sister, brother-in-law, sister-in-law, half-brother or half-sister of the person,

(e) a grandparent or grandchild of the person, or

(f) an aunt, uncle, nephew or niece of the person.

Saver for certificates of naturalisation

15D. A certificate of naturalisation granted under this Act before the coming into operation of sections 6, 7 and 8 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 shall be valid so long as the certificate remains unrevoked.

Transitional provisions relating to applications for certificates of naturalisation

15E. (1) Where, before the date on which this subsection comes into operation, an application for a certificate of naturalisation has been made—

(a) under section 15 in respect of a person who is of full age, or

(b) under section 15A in respect of a non-national spouse or civil partner of an Irish citizen,

and, by that date, the application has not been determined under section 15 or section 15A, as the case may be, the application shall be deemed to have been made under section 15 (as amended by section 6 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023) or 15A (as amended by section 7 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023), as the case may be, and this Act shall apply accordingly.

(2) Where, before the date on which this subsection comes into operation, an application for a certificate of naturalisation has been made under section 15 on behalf of a minor and, by that date, the application has not been determined, the application shall be deemed to have been made on behalf of that minor under section 15B (inserted by section 8 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023) and this Act shall apply accordingly.”.

9. Amendment of section 16A of Act of 1956

9. Section 16A(1) of the Act of 1956 is amended, in paragraph (c), by the substitution of “subsection (1) of section 16 of the International Protection Act 2015” for “subsection (2) of section 9 (amended by section 7(c)(i) of the Act of 2003) of the Act of 1996”.

10. Amendment of section 28 of Act of 1956

10. Section 28(2) of the Act of 1956 is amended by the substitution of “consular officer, or by the signature of an officer of the Minister duly authorised in that behalf by the Minister,” for “consular officer”.

PART 3 Amendment of Civil Liability Act 1961

11. Definition (Part 3)

11. In this Part, “Act of 1961” means the Civil Liability Act 1961.

12. Amendment of section 51H of Act of 1961

12. Section 51H of the Act of 1961 is amended by the insertion of the following definition:

“‘periodic payments index’ has the meaning assigned to it by section 51L(1);”.

13. Amendment of section 51I of Act of 1961

13. Section 51I(6) of the Act of 1961 is amended—

(a) in paragraph (g), by the substitution of “periodic payments index” for “Harmonised Index of Consumer Prices as published by the Central Statistics Office or such other index as may be specified by the Minister under section 51L,”, and

(b) in paragraph (h)(iv), by the substitution of “periodic payments index” for “Harmonised Index of Consumer Prices as published by the Central Statistics Office or such other index as may be specified by the Minister under section 51L,”.

14. Amendment of section 51J of Act of 1961

14. Section 51J(3) of the Act of 1961 is amended, in paragraph (b), by the substitution of “periodic payments index” for “Harmonised Index of Consumer Prices as published by the Central Statistics Office or such other index as may be specified by the Minister under section 51L”.

15. Amendment of section 51K of Act of 1961

15. Section 51K(3) of the Act of 1961 is amended, in paragraph (c), by the substitution of “periodic payments index” for “Harmonised Index of Consumer Prices as published by the Central Statistics Office or such other index as may be specified by the Minister under section 51L”.

16. Indexation of periodic payments

16. The Act of 1961 is amended by the substitution of the following section for section 51L:

“51L. (1) A periodic payments order shall provide for the amount of a payment under the order to be adjusted annually by reference to an index specified in regulations made under subsection (2) (in this Part referred to as a ‘periodic payments index’).

(2) The Minister shall, with the consent of the Minister for Finance, make regulations specifying an index for the purposes of this section and without prejudice to the generality of the foregoing, regulations under this section may make provision for the following matters:

(a) the specification of different indices for different goods and services in respect of which a periodic payments order may be made;

(b) a fixed percentage increase for the purposes of providing that the amount of a payment under a periodic payments order reflects the rate of inflation, including wage inflation, in the State;

(c) such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) The Minister shall, in making regulations under subsection (2), have regard to—

(a) the relevance of the goods and services on which an index is based to the loss or expenditure, including cost of care and medical expenses, for which plaintiffs who are the subject of periodic payments orders are compensated,

(b) the body calculating the index,

(c) whether or not the index is accessible at the same time or times each year, and

(d) the reliability of the index over time.

(4) The Minister shall, not more than 5 years after the coming into operation of this section, carry out a review (in this section referred to as an ‘initial review’) of the application of the periodic payments index in order to determine the suitability of that index for the purposes of the annual adjustment of the amount of payments provided for under periodic payments orders.

(5) The Minister shall, not more than 5 years after the initial review or where he or she considers it appropriate to do so, carry out a review of the application of the periodic payments index for the purpose referred to in subsection (4).

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

(7) The periodic payments index shall apply to an annual adjustment of the amount of a payment to be made under a periodic payments order where the annual adjustment is made on or after the date of the coming into operation of Part 3 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023.”.

PART 4 Amendment of Juries Act 1976

17. Definition (Part 4)

17. In this Part, “Act of 1976” means the Juries Act 1976.

18. Amendment of section 2 of Act of 1976

18. Section 2(1) of the Act of 1976 is amended by the insertion of the following definitions:

“‘court office’ has the same meaning as it has in section 13 of the Courts and Court Officers Act 2009;