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- Children Born in Ireland Can Now Apply for Citizenship After 3 Years, Reduced from 5 Years.
- Deportation orders can be issued, without the option for voluntary return, where a person is a threat to national security or convicted of a serious offence.
Minister for Justice Mrs Helen McEntee TD has commenced the majority of the provisions of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, with effect from 31st July. The Act contains wide-ranging legislative amendments which will help improve access to justice and make civil processes more efficient, streamlined and people-centred.
The Act contains amendments to matters including Irish nationality and citizenship, court offices, bankruptcy, international protection, data protection, immigration and legal services.
The residency requirement for children born in Ireland, who are of a different nationality, to apply for citizenship has now been reduced from five years to three years.
Since the Citizenship referendum, which was enacted in 2004, children born to non-Irish residents in the State have an automatic right to Irish citizenship only if one of the parents is an Irish citizen or is entitled to be one.
Minster McEntee said: “I am delighted to commence this legislation which reduces the amount of time a child, who was born in Ireland, but doesn’t have automatic citizenship must be resident here before being eligible for naturalisation. The reduction to three years will provide comfort and certainty to children and their families and enable our young citizens to flourish and fully participate in Irish life.”
Persons convicted of serious offences can now be served with a deportation order without the option of leaving the State voluntarily, which will also have the effect of preventing their return to the State.
Minister McEntee said: “Where a person is being removed from the State, having been convicted of a serious crime, or where they are a threat to the security of the state, they will no longer have the option to depart the country voluntarily. This means they cannot evade deportation from the State and cannot return to the State once deported. This is an important change that will strengthen the role of our immigration legislation in relation to public safety.”
The legislation also amends the Immigration Act 1999 to allow immigration authorities to serve documents electronically. This will allow for people to be contacted about their immigration decisions under the Act by email or through a customer portal where applicable. There have been many examples where people have changed their address and may not have notified the Department, making them hard to reach by post. This change will enable the Department to send important notices, including deportation orders, even when a person may have moved.
While electronic service is not intended to fully replace other modes of service already provided for under current legislative provisions, it will allow more flexibility and efficiency for customers. The changes will also support ongoing modernisation of the immigration service delivery, including the introduction of a digital customer portal that will be rolled out over the coming years.
Minister McEntee said: “It is important that our immigration system is fair, balanced and rules-based. Where a person has a right to international protection it is important that that person can be granted international protection as quickly as possible. However, when a person’s immigration application has been denied, and where their avenues of appeal have been exhausted, it is important that the person is returned to their home country as quickly as possible.
The amendments to the International Protection Act will reduce administrative burdens and improve the digital services available to customers. If for example, a person has changed address but not notified the Immigration Service, we will be able to issue that immigration decision by email.”
The Act introduces a number of changes to increase efficiencies in the Courts Service. It provides for the establishment of a centralised office within the Courts Service to administer the summoning of juries, increasing the efficiency of this process. This will be complemented by the Court Service’s ongoing rollout of its modernisation programme, including their online customer portal which allow people to respond to their jury summonses online rather than by post.
The legislation also enables the Courts Service to designate any court office as a centralised office for the purpose of carrying out specified court business exclusively or in addition to a local office.
Amendments to the Legal Services Regulation Act 2015 paves the way for the introduction of partnerships between solicitors and barristers or between barristers and other barristers. This is a key development in the modernisation of how legal services can be provided to consumers, private or enterprise, on a more competitive basis. Barristers and solicitors will be able to jointly provide legal services for the first time, increasing the range of services and expertise available to their clients.
Minister McEntee said: “Having in place administrative processes that are fast, efficient and simple to navigate is essential to improving access to justice for our citizens.
The amendments I have commenced today across a range of civil areas will simplify and improve the legal processes, as people go through what are often personally challenging and stressful situations.”
Yesterday, High Court judge Ms Justice Marguerite Bolger has described claims that a Tipperary traveller family of six, have been living in a one-berth caravan and sleeping in a car for months, as being both “wretched” and a “very unsettling situation.”
Ms Justice Marguerite Bolger has granted lawyers, acting on behalf of Mr John and Mrs Nikita McInerney, together with their four young children, permission to bring a High Court challenge against Tipperary Co Council in the handling of the families accommodation situation.
The McInerney traveller family maintain that they had been living at the side of the road near Toomevara, Co. Tipperary for some months, but having being moved on, they are currently located at the Springfort Retail Park, in Nenagh and have since been informed by An Garda Síochána they must immediately vacate same location as well.
The family now fear that they may be prosecuted by An Garda Síochána, and have their vehicles; namely their car and a one berth caravan, used to sleep in, seized, rendering them without a roof over their head.
The McInerney family had spent some time previously in emergency accommodation, and in their High Court action, have claimed that since May they have been precluded by Tipperary Co. County Council from obtaining hotel accommodation, as the Council claim that they are only provided with funds that partially cover the cost of B&B accommodation.
In court yesterday Mr Colm O’Dwyer SC, with Mr Sean Betty BL, instructed by solicitors for the Free Legal Advice Centres (FLAC) described the Co. Council’s policy towards the McInernery family as being rigid, inflexible and not meeting his clients’ basic needs.
Counsel for the McInerney family said that the current caravan accommodation was totally unsuitable, and the Gardai had also informed the family that they must vacate the area of the retail park.
Tipperary Co. Council had offered his clients, (latter in receipt only of social welfare), just €100 per night towards the cost of B&B accommodation, which remained insufficient; with the cost of B&Bs more than what they have been grant aided by the Council.
For a variety of reasons the family find it difficult to get emergency accommodation due: (1) To their family size; (2) Places contacted being filled by tourists: (3) Prices being charged exceeding grant aid from the Co. Council; and finally (4) It has to be remembered that their children are due and required to return to school come the end of this summer holiday period.
Counsel for the McInerney family said that the council’s current decision amounts to a breach of the McInerney families constitutional and ECHR rights, and the local authority’s obligations, under the 2014 Irish Human Rights and Equality Act.
While encouraging both sides to work together to resolve this situation; Ms Justice Bolger said that while noting the council’s response to the McInerney family’s current situation, the situation remained unsatisfactory from both parties’ point of view. She further stated; before adjourning the case to a date in September next, that the matter was indeed urgent, and expressed the wish to have both arguments, placed before the court ASAP.
Gardaí and emergency services, sadly, attended the scene of a yet another fatal road traffic collision, between an articulated lorry and a van in Co Tipperary. The incident took place mid-morning, on the N24 Cahir-Clonmel Road, between Barne Lodge and Condon’s Cross, at approximately 10:40am.
Sadly, the driver of the van lost his life at the accident scene.
A technical examination of the scene was undertaken and the road, which is the main Limerick to Waterford road remained closed with local diversions in place causing an unavoidable huge build-up of traffic due to large vehicles attempting to traverse narrow roads.
Gardaí continue to appeal to anyone who may have witnessed this collision to contact them. Road users who may have camera footage and/or were travelling on the N24 this morning, between 10:00am and 10:45am, [July 31st 2023] are being asked to make all camera footage available to the investigating Gardaí.
Clonmel Garda Station may be contacted directly on Tel: 052 617 7640. Witnesses may also contact Gardaí on their Confidential Line Tel: 1800 666 111, or via any Garda station.
- Updated Duty of Care legislation will rebalance responsibility between businesses, community groups and organisers of events, and visitors, recreational users and trespassers.
- Another key reform delivered as part of Government’s Insurance Reform Plan.
- Important step in efforts to make insurance cheaper and more accessible.
Minister for Justice Mrs Helen McEntee has, today, commenced legislation which amends the Occupiers Liability Act, 1995.
These amendments update our duty of care legislation, striking the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.
These legislative updates contribute to the ongoing work on Insurance Reform, one of this Government’s key priorities.
The amendments, building on a Review Paper prepared by the Department of Justice in February 2021, contain four key developments:
- They will reflect in primary legislation a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users;
- They change the standard to clarify that when the occupier of a property has acted with reckless disregard for a recreational user or trespasser, the standard of reckless disregard rather than that of reasonable grounds should apply in relation to any consideration of liability;
- They limit the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence;
- They allow for a broader circumstance where it can be shown that a visitor or recreational user has voluntarily assumed a risk.
On the commencement of the legislation, Minister McEntee said: “Insurance reform is very much a whole-of-Government effort and I’m pleased to progress these important changes as part of that programme of reform.
Of the 66 actions contained in the ‘Action plan on Insurance Reform’ my Department has responsibility or part responsibility for 34 of these actions.
One of these actions was to update our duty of care legislation. Commenced today, these changes strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.
The commencement of this legislation marks an important step in our efforts to make insurance more available and cheaper.”
Other completed actions which the Department of Justice is responsible for include the introduction of Personal Injury Guidelines and increased coordination and cooperation between An Garda Síochána and the insurance industry.
A review of how the discount rate, used to determine the size of an award to compensate a person for damages, should be set has also been completed. Work is at an advanced stage to set the appropriate rate and Minister McEntee expects this to be in place later this year.
Minister McEntee added: “The introduction of the Personal Injuries Guidelines has led to lower payouts for minor injuries and will speed up and reduce the costs of insurance cases.
The establishment of the Insurance Fraud Coordination Office, opened by An Garda Síochána last year, will play a key role in dealing with cases of insurance fraud.
As a Government, we will continue to review developments in the insurance sector, monitor price developments and continue to engage with stakeholders to resolve issues in the market.”
Actions alleging psychological injuries caused by negligence and breach of contract, by the funeral service ‘Memora Servicios Funerarios Internacionales SL’; Surrey-based repatriates ‘Rowland Brothers International Limited’, and Templemore, Co. Tipperary based ‘Grey’s Funeral Home’, have been settled in the High Court.
High Court actions had been brought by Tipperary family relatives, Ms Jackie Costello, Mr Neville Curley and Ms Elizabeth Ann Curley-Poppe, over the delivery of a French man’s remains, sent in error from Lanzarote, to Grey’s Funeral Home, Templemore, Co Tipperary.
Mr Michael Curley, aged 83 years; a widower from Templemore, had, sadly, died suddenly of a heart attack, while on holiday in Lanzarote, in February 2016 last, the court had heard.
The family have now settled their cases against the Spanish Funeral Home and a UK Repatriation Service, while their claims against the Templemore undertaker, was struck out on terms agreed between the parties, the court was informed on Wednesday last, with liability in all cases fully denied.
Mr Jeremy Maher SC, with Mr Eamon Marray BL, both acting on behalf of Grey’s Funeral Home, stated that their client, Grey’s Funeral Home, ‘had no hand, act or part’ in what went on in Lanzarote, and it was entirely reasonable for Grey’s Funeral Home to believe that the body which had arrived, sent to Ireland in error, was indeed the plaintiffs’ father, considering a label on the coffin identified this was the late Mr Curley and all accompanying paperwork confirmed same.
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