Eye on the law: New Government Legislation Programme

On 14 April, the Government published its new Legislation Programme for the current Dáil term.

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  • Policy

The programme gives an insight into which pieces of legislation are scheduled for publication. It also indicates which pieces of legislation are being prioritised for drafting at the Office of the Parliamentary Counsel. 

Of the 38 pieces of legislation listed for priority publication during the Dáil summer term, these Bills caught the Law Society’s attention:

  • The Regulation of Artificial Intelligence and Non-Personal Data Bill aims to implement in Ireland the EU Regulation on Artificial Intelligence (AI). The EU AI Regulation creates various AI compliance requirements based on the risk posed by the AI system. The Bill will establish the national central AI office and will also implement the EU Regulation on use of non-personal data.
  • The Criminal Justice (International Cooperation Office) Bill regroups regulatory and competent authority functions in a new criminal justice entity to fulfil the State’s obligation under the EU Directive on e-Evidence Regulation. Related to this is the Criminal Justice (Protect, Preservation of Access to Data on Information System) Bill, which gives effect to part of the Budapest Convention on Cybercrime and the EU e-Evidence Regulation.
  • The Strategic Lawsuits Against Public Participation (SLAPP) Bill transposes those SLAPP Directive provisions that are not already included in the Defamation (Amendment) Bill 2024 – such as extending the safeguards against SLAPPs to all civil and commercial matters.
  • The Criminal Justice (Domestic Violence Register) Bill aims to establish a public register of convictions for serious domestic violence offence.
  • The Planning and Development Bill amends the Planning and Development Act 2024 and seeks to progress some of the actions in the Accelerating Infrastructure – Report and Action Plan.

Of the 26 Bills earmarked for priority drafting in the current Dáil term, these are noteworthy:

  • The Civil Reform Bill aims to give effect to the recommendations arising from the Review of the Administration of Civil Justice (Kelly Report), such as reform the Judicial Review procedure, reform the discovery process, and extend the monetary jurisdiction of the District Court and Circuit Court.
  • The Criminal Law (Sexual Offences, Domestic Violence and International Instruments) Bill aims to reform the notion of belief in the definition of consent in relation to sexual offences, to create a register of sexual offences judgments, and to improve the information system between An Garda Síochána and schools.
  • The Aarhus Legal Costs Bill extends the revised legal costs provisions of Part 9 of the Development Act 2024 to over 20 other environmental consent regimes.
  • The Life Sentence Bill aims to allow judges to recommend a minimum period to be served in custody when a convicted person gets a life sentence.
  • The Judicial Council (Amendment) Bill improves the transparency around the adoption of Personal Injuries Guidelines.
  • The Finance (Tax Appeals and Fiscal Responsibility) Bill amends the law governing the making of appeals on tax matters.
  • The Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill transposes certain aspects of the EU sixth anti-money laundering package requiring primary legislation.

Finally, while not currently listed for priority drafting, the Legislation Programme includes the Criminal Justice (Legal Aid) Bill on the longer list of Bills that are in train. This Bill aims to update and strengthen the system of granting legal aid and to transfer the responsibility of the administration of the main criminal legal aid scheme, along with ad-hoc schemes, to the Legal Aid Board.

The Policy Department at the Law Society continues to monitor the progress of these measures closely. As individual Bills move from drafting to publication and through the legislative process, we will assess the potential implications of these pieces of legislation and engage with relevant Government Departments and officials where appropriate.