Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024

Type Act

Publication 2024-07-23

State In force

Source Irish Statute Book

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024.

(2) Parts 3, 4, 7 and 9 and section 14(d) shall come into operation on such day or days as the Minister for Justice 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) Part 11 shall come into operation on such day or days as the Minister for Public Expenditure, National Development Plan Delivery and Reform 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.

PART 2 Number of Ordinary Judges of Court of Appeal

2. Amendment of section 1A of Courts (Establishment and Constitution) Act 1961

2. Section 1A(2) of the Courts (Establishment and Constitution) Act 1961 is amended by the substitution of the following paragraph for paragraph (b) (amended by section 2 of the Courts Act 2023):

“(b) not more than 18 ordinary judges, each of whom shall be styled ‘Breitheamh den Chúirt Achomhairc’ (‘Judge of the Court of Appeal’).”.

PART 3 Amendment of Irish Nationality and Citizenship Act 1956

3. Amendment of Irish Nationality and Citizenship Act 1956

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

(a) by the insertion of the following section after section 4:

“Service of notices or documents

4A. (1) A notice or other document that is required or authorised by or under this Act (other than section 27) to be served on or given to a person shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to the person at the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) by sending it to the person by electronic means in accordance with subsection (2), in a case in which the person has given notice in writing to the Minister of his or her consent to it (or notices or other documents of a class to which it belongs) being served on or given to him or her in that manner.

(2) For the purposes of subsection (1)(d), a notice or other document is sent to a person by electronic means in accordance with this subsection—

(a) if it is sent to an email address that the person has furnished to the Minister for that purpose, or

(b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.

(3) Where a notice or other document referred to in subsection (1) has been sent to a person in accordance with—

(a) paragraph (c) of subsection (1), the notice or other document shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and

(b) paragraph (d) of subsection (1), the notice or other document shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices or other documents by electronic means generates a message or other record confirming the delivery of the notice or other document by the electronic means used.

(4) In this section, ‘electronic interface’ means a secure information technology platform, portal, exchange, network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details.”,

and

(b) in section 19, by the insertion of the following subsections after subsection (1):

“(1A) Where the Minister is satisfied that one or more of the grounds specified in subsection (1) exists, the Minister shall, prior to revoking a certificate of naturalisation under this section, give the person to whom the certificate of naturalisation was granted such notice as may be prescribed of the Minister’s intention to revoke the certificate of naturalisation (in this section referred to as a ‘notice of intention to revoke’).

(1B) A notice of intention to revoke shall—

(a) inform the person of—

(i) the Minister’s intention to revoke the certificate of naturalisation, and

(ii) subject to subsection (1O), the reasons for the opinion of the Minister referred to in subsection (1A),

and

(b) include a statement of the effect of subsection (1D).

(1C) A person to whom a notice of intention to revoke is given may, within the period of 28 days beginning on the date the notice of intention to revoke is given to the person, make representations in writing to the Minister regarding the intended revocation.

(1D) After the expiry of the period referred to in subsection (1C), the Minister shall—

(a) decide whether to revoke the certificate and in making that decision shall have regard to the representations, if any, made by the person under that subsection, and

(b) give the person concerned a notification in writing of his or her decision.

(1E) Where the Minister decides under subsection (1D) to revoke the certificate of naturalisation, the notification under paragraph (b) of that subsection shall—

(a) include a statement informing the person of—

(i) the Minister’s decision to revoke the certificate,

(ii) subject to subsection (1O), the reasons for the decision, and

(iii) the right of the person under subsection (1F) to request that an inquiry be held into the decision,

and

(b) include a statement of the effect of subsection (1J).

(1F) A person who is the subject of a notification to which subsection (1E) applies may, in the prescribed manner and within the period of 14 days beginning on the date on which the notice is given to the person, request that an inquiry be held into the Minister’s decision to revoke his or her certificate of naturalisation.

(1G) The Minister, on receipt of a request made in accordance with subsection (1F), shall appoint a Committee of Inquiry to hold an inquiry into the decision to revoke the certificate of naturalisation concerned.

(1H) A Committee of Inquiry appointed under subsection (1G) shall consist of the following members:

(a) a chairperson, who shall be a retired Judge of the Circuit Court, the High Court, the Court of Appeal or the Supreme Court, and

(b) 2 ordinary members, being persons with such experience and qualifications as the Minister considers appropriate having regard to the functions of the Committee of Inquiry.

(1I) A Committee of Inquiry shall be independent in the performance of its functions.

(1J) Where a person does not, within the period specified in subsection (1F), request that an inquiry be held into the Minister’s decision to revoke the certificate of naturalisation, the revocation of the certificate of naturalisation shall take effect 14 days after the date the notice is given to the person.

(1K) A Committee of Inquiry shall consider the Minister’s decision to revoke the certificate of naturalisation, and may in accordance with subsection (1L) decide to—

(a) affirm the decision, or

(b) set aside the decision.

(1L) In arriving at its decision under subsection (1K), a Committee of Inquiry shall have regard to—

(a) the reasons for which the Minister made the decision to revoke the certificate of naturalisation,

(b) any representations made by the person to the Minister under subsection (1C),

(c) any submissions made or information provided (where applicable, in accordance with regulations under subsection (1P)) to the Committee by the Minister or person concerned,

(d) where an oral hearing is held, the evidence adduced and any submissions made by the Minister or the person concerned at the hearing, and

(e) any other circumstances or matters that the Committee considers relevant.

(1M) Where a Committee of Inquiry decides under paragraph (a) of subsection (1K) to affirm the decision of the Minister to revoke the certificate of naturalisation—

(a) the Committee of Inquiry shall—

(i) give the person a notification in writing which shall include a statement informing the person of—

(I) its decision,

(II) subject to subsection (1O), the reasons for the decision, and

(III) the effect of paragraph (b),

and

(ii) inform the Minister of its decision and of the reasons for its decision,

and

(b) the revocation shall take effect 3 days after the date on which the notification under paragraph (a)(i) is given to the person.

(1N) Where a Committee of Inquiry decides under paragraph (b) of subsection (1K) to set aside the decision of the Minister to revoke the certificate of naturalisation, the Committee of Inquiry shall—

(a) give the person a notification in writing of its decision, and

(b) inform the Minister of its decision.

(1O) Subsections (1B)(a)(ii), (1E)(a)(ii) and (1M)(a)(i)(II) shall not apply where the Minister or the Committee of Inquiry, as the case may be, considers that specifying the reasons for the decision would be contrary to the interests of national security.

(1P) The Minister may, in consultation with the chairperson of the Committee of Inquiry and having regard to the need to observe fair procedures, prescribe procedures for and in relation to an inquiry under this section, including the circumstances in which oral hearings may be held.”.

PART 4 Amendment of Immigration Act 2003

4. Amendment of Immigration Act 2003

4. The Immigration Act 2003 is amended—

(a) in section 2(7), by the substitution of “class A fine” for “fine of €3,000”, and

(b) in section 3(1)(b), by the substitution of “€2,500” for “€1,500”.

PART 5 Amendment of International Protection Act 2015

5. **Definition (Part 5)**

5. In this Part, “Act of 2015” means the International Protection Act 2015.

6. Revocation

6. The International Protection Act 2015 (Safe Third Country) Order 2020 (S.I. No. 725 of 2020) is revoked.

7. Amendment of section 5 of Act of 2015

7. Section 5(2) of the Act of 2015 is amended by the substitution of “subsection (1)(d), a notice or other document” for “subsection (1)(c), a notice”.

8. Amendment of section 21 of Act of 2015

8. Section 21 of the Act of 2015 is amended—

(a) in subsection (16), by the substitution of “subsection (2)(a)” for “this section”,

(b) in subsection (17)—

(i) in paragraph (b), by the substitution of “punishment or a serious and individual threat to his or her life or person by reason of indiscriminate violence in situations of international or internal armed conflict,” for “punishment, and”,

(ii) in paragraph (c), by the substitution of “concerned, and” for “concerned.”, and

(iii) by the insertion of the following paragraph after paragraph (c):

“(d) has the possibility in the country concerned to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention.”,

and

“(19) In subsection (17)(d), ‘refugee status’ means the recognition by the country concerned of a third country national or stateless person as a refugee.”.

9. Amendment of section 50A of Act of 2015

9. Section 50A of the Act of 2015 is amended by the substitution of the following subsection for subsection (1):

“(1) A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory—

(a) where, in the opinion of the Minister—

(i) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or

(ii) there is a risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment, or a serious and individual threat to his or her life or person by reason of indiscriminate violence in situations of international or internal armed conflict,

(b) where the Minister is of the opinion that such expulsion or return would be prohibited under any enactment or rule of law as a breach of the person’s fundamental rights.”.

10. Amendment of section 51 of Act of 2015

10. Section 51 of the Act of 2015 is amended—

(a) in subsection (1), by the substitution of “section 50 and subsection (1A),” for “section 50,” and

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

“(1A) (a) Subsection (1) shall not apply in respect of a person who is a member of a class of person that is prescribed under paragraph (b).

(b) The Minister may, for the purposes of this subsection, prescribe a class or classes of persons, being persons to whom such permission as may be specified has been given.

(i) the nature and purposes of the permission,

(ii) the period for which a person to whom the permission is granted may remain in the State, and

(iii) the conditions attached to the permission.

(d) In this subsection, a reference to a permission to remain in the State is a reference to a permission to remain in the State that has been given in accordance with the law of the State and is valid.”.

11. Amendment of section 51A of Act of 2015

11. Section 51A of the Act of 2015 is amended—

(a) in subsection (1), by the substitution of “section 50A and subsection (1A),” for “section 50A,” and

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

“(1A) (a) Subsection (1) shall not apply in respect of a person who is a member of a class of person that is prescribed under paragraph (b).

(b) The Minister may, for the purposes of this subsection, prescribe a class or classes of persons, being persons to whom such permission as may be specified has been given.

(i) the nature and purposes of the permission,

(ii) the period for which a person to whom the permission is granted may remain in the State, and

(iii) the conditions attached to the permission.

12. Amendment of section 62 of Act of 2015

12. Section 62 of the Act of 2015 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) The experience referred to in subsection (1) is—

(a) in the case of a member referred to in paragraph (a) or (b) of that subsection, not less than 5 years’ experience as a practising solicitor, practising barrister or member referred to in paragraph (c) of that subsection, and

(b) in the case of a member referred to in paragraph (c) of that subsection, not less than 2 years’ experience—

(i) as a practising solicitor or practising barrister,

(ii) pursuing his or her professional activities as a lawyer in a member state under the relevant home professional title,

(iii) practising, in a jurisdiction other than a member state and in accordance with the law of that jurisdiction, in a profession that corresponds substantially to the profession of solicitor or barrister, or

(iv) as a legal academic, where the person is, at the time of his or her appointment, a solicitor or qualified barrister.”,

and

(b) by the insertion of the following subsection after subsection (15):

“(16) In subsection (2)—

‘home professional title’, ‘lawyer’, ‘member state’ and ‘professional activities’ have the same meanings as they have in the European Communities (Lawyers’ Establishment) Regulations 2003 (S.I. No. 732 of 2003);

‘legal academic’ shall be construed in accordance with section 45A(2) (inserted by section 63 of the Judicial Appointments Commission Act 2023) of the Courts (Supplemental Provisions) Act 1961;

‘practising solicitor’, ‘practising barrister’ and ‘qualified barrister’ have the same meanings as they have in the Legal Services Regulation Act 2015;

‘solicitor’ means a person who has been admitted as a solicitor whose name is on the roll of solicitors (within the meaning of section 9 of the Solicitors Act 1954).”.

13. Amendment of section 72A of Act of 2015

13. Section 72A(2) of the Act of 2015 is amended by the insertion of the following paragraph after paragraph (a)—

“(aa) there is no risk that a person would be subjected to the death penalty, torture or inhuman or degrading treatment or punishment, or a serious and individual threat to his or her life or person by reason of indiscriminate violence in situations of international or internal armed conflict,”.

PART 6 Amendment of Judicial Council Act 2019

14. Amendment of Judicial Council Act 2019

14. The Judicial Council Act 2019 is amended—

(a) in section 2, by the substitution of the following definition for the definition of “personal injuries guidelines”:

“ ‘personal injuries guidelines’ shall, subject to section 89A, have the meaning assigned to it by section 90(1);”,

(b) in section 7—

(i) in subsection (2), by the insertion of the following paragraph after paragraph (g):

“(ga) subject to subsection (2A), adopt any amendments to personal injuries guidelines prepared and submitted to the Board under section 18(2)(b) with the modifications (if any) made by the Board under section 11(1)(d), as soon as practicable after such submission, and publish the amendments in such manner as it considers appropriate as soon as practicable following such adoption,”,

(ii) by the insertion of the following subsections after subsection (2):

“(2A) Amendments to personal injuries guidelines may be adopted by the Council under subsection (2)(ga) only where—

(a) a draft of the amendments has first been laid before each House of the Oireachtas, and

(b) a resolution approving the draft of the amendments has been passed by each such House.

⋯

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