Law « Thurles Information

Passage of Bill, Giving Effect To Insurance Reforms, Welcomed.

Passage of Bill, Giving Effect To Insurance Reforms, Welcomed.

Occupiers’ Duty of Care laws changed with Courts and Civil Law (Miscellaneous Provisions) Bill 2023.

Minister for Justice Mrs Helen McEntee TD and Minister of State for Law Reform Mr James Browne have both welcomed the passage of the ‘Courts and Civil Law (Miscellaneous Provisions) Bill 2023,’ through its final stages in Dáil Éireann.

The Bill includes a range of reforms, including duty of care legislation – a key insurance reform measure.

It will amend the Occupiers’ Liability Act 1995, in relation to the duty of care and is an important part of the government’s Action Plan, on Insurance Reform.

The changes will ensure that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of the personal responsibility of visitors, recreational users and trespassers.

The Courts and Civil Law (Miscellaneous Provisions) Bill 2023 has now been passed by both Houses and will be referred to the President of Ireland, to be signed into law.

It also contains other, wide-ranging legislative amendments to help improve access to justice and make civil processes more efficient, streamlined and people-centred.

These include measures on bankruptcy, legal services, data protection, naturalisation and Irish citizenship, as well as reforms to occupiers’ liability.

Minister McEntee said: “These measures strike a new and reasonable balance between the responsibilities of the owner or operator of a premises to keep their customers and visitors safe, and what individuals themselves must do when entering a business, club or community building for example. The passage of this legislation marks an important step in our efforts to make insurance more available and cheaper.”

Minister Browne said: “This legislation has brought forward a number of important law reforms, across a broad range of areas. The legislation extends it’s influence to various aspects of individuals’ lives and has the potential to create positive and tangible differences.”

The Bill contain four key developments regarding Occupiers’ Duty of Care:

Inserting into primary law a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users.
Changing the standard to clarify that when the occupier of a property has acted with reckless disregard for a visitor or customer, it is the standard of reckless disregard rather than reasonable grounds which should apply in relation to any consideration of liability.
Limits to 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.
Allowing for a broader range of scenarios where it can be shown that a visitor or customer has voluntarily assumed a risk resulting in harm.

Minster McEntee added: “I am committed to improving access to justice for everyone and making our civil processes more efficient, streamlined and people-centred. This bill addresses a number of issues that may pose obstacles to achieving justice in personally challenging legal processes such as bankruptcy, and the judicial complaints process. The updates will also introduce measures to increase efficiencies in the naturalisation process and reduce delays for people waiting to become Irish citizens. I am delighted that this bill has passed through the Houses of the Oireachtas and would like to thank all of the officials who have worked hard to bring this complex, but important piece of legislation to fruition.”

The Courts and Civil Law (Miscellaneous Provisions) Bill 2023 also contains amendments to matters including Irish nationality and citizenship, court offices, bankruptcy, international protection, data protection, immigration and legal services.

Legislation governing the granting of Irish citizenship will be changed. The period of time a non-Irish child born in Ireland must wait before they can be naturalised will be reduced from five to three years.

Numerous changes will be made to legislation relating to the Courts and Court officers, all of which are designed to introduce further efficiencies into the operation of the Court Service. One example is the creation of a centralised office to administer the summoning of juries, in addition to enabling the Courts Service to designate any court office as a centralised office for the purpose of carrying out specified court business.

Minister Browne added: “Along with Minister McEntee, I am very pleased that this bill has now completed its passage through the Houses of the Oireachtas. This legislation will assist in achieving many of the strategic goals set out in the Justice Plan 2023. A core goal has been making access to justice easier and equitable; by modernising and rationalising a number of administrative processes this bill does just that. Ultimately, the enactment of this legislation will contribute to our work of ensuring a safe, fair and inclusive Ireland.”

Cocaine Use On Increase In Co. Tipperary.

Co. Tipperary came fourth, behind counties Dublin, Cork, and Limerick, when it came to calculating the number of people obtaining treatment for cocaine addiction last year (2022).

Some 144 people; an increase of 30 over the previous year’s figures (2021), were identified, at yesterday’s meeting of the Tipperary Joint Policing Committee.

The figures quoted, at the meeting, were based on observations by an Garda Síochána; latter operating on the ground locally.

An Garda Síochána report that cocaine, in Ireland, is now foolishly accepted as being often “okay” and “great craic”, despite the drug’s significant impact on Irish family life, employment, escalating community crime, and personal relationships; with serious abusers of the drug often refusing to seek professional assistance, resulting in serious addiction, homelessness and often death.

Child Airlifted To Dublin Hospital.

A child has been airlifted to hospital in Dublin, following a fall at Main Street, Carricik-on-Suir, Co. Tipperary on Monday afternoon last.

We understand the child, a male aged 3 years, fell from a flat roofed building and was removed to CHI (Children’s Health Ireland), Temple Street, Dublin, to be treated for his injuries.

Gardaí assisted emergency services at the scene of the incident, at approximately 3:15pm on Monday last, June 19th, 2023, before the child was transferred by air ambulance to CHI at Temple Street Dublin.

We understand the child remains in a stable condition.

Government To Increased Sentences For Assaults On Gardaí & Emergency Service Workers.

Government agrees to increased sentences for all assaults causing harm to Gardaí and Emergency Service employees.

Maximum sentence for assault on emergency worker will increase from 7 to 12 years.
New law will apply to assault or obstruction of Gardaí or emergency service workers, including hospital staff, prison officers, members of the fire brigade, ambulance personal and Defence Forces.
Applies to any assault – including the ramming of a vehicle.

The Government on Tuesday lastagreed to a proposal for the Minister for Justice Mr Simon Harris to amend laws to increase sentences for assaults causing harm to members of An Garda Síochána and other emergency workers.

These legislative changes will be brought forward by way of Committee Stage amendments to the Criminal Justice (Miscellaneous Provisions) Bill.

The amendments will change the maximum sentence for assaulting or obstructing a police officer from 7 to 12 years.

The increase in maximum sentence will apply where the assault, causing harm, in question is against an on duty Garda or emergency service worker, such as hospital staff, prison officers, members of the fire brigade, ambulance personnel or members of the Defence Forces.

Minister Harris said: “Assaulting a Garda or another emergency worker in the course of their duties is inexcusable and shows flagrant disregard for the rule of law.
No person who puts on a uniform and goes to work with the ultimate mission of keeping members of the public safe, deserves to be targeted, attacked or obstructed while doing that job.
Assaults on emergency workers can have serious impacts on the direct victim, who are sometimes left with life and career-changing injuries. But we also need to be cognisant of the ripple effect these assaults can have on public safety if, as a result of injury to an emergency worker or damage to a vehicle, the emergency service available to members of the public is negatively affected – assaults on emergency workers can victimise the communities that they serve too.
This legislation applies to any assault – any unlawful use of force, or threat of force, direct or indirect – against a Garda or emergency worker. That might be a punch, it may involve the use of a weapon, or it might be ramming their vehicle.

As Minister for Justice I am committed to building safer, stronger communities, and I am committed to protecting and supporting those who work to keep our communities safe. I am glad to have the support of Government to ensure our laws appropriately reflect those objectives, and look forward to seeing these legislation progress as quickly as possible.”

The Criminal Justice (Miscellanous Provisions) Bill is on the Government Legislation Programme priority list and has now passed all stages in Dáil Eireann. Second Stage in Seanad Éireann is scheduled for 23rd May 2023.

New Guidelines Published for Parents on Children’s Data Protection Rights.

The Data Protection Commission (DPC) has recently published four short guides for parents on children’s data protection rights under General Data Protection Regulations (GDPR). These guides are intended to help parents to understand their children’s rights and to answer questions that can arise in typical situations where those rights apply.

Protecting children’s personal data is an important priority for the DPC, and is one of the five strategic goals of our 2022-2027 Regulatory Strategy. The DPC has also published our ‘Fundamentals’ guidance on children’s data protection rights to help organisations provide the special protection required when they process children’s personal data. These guides are part of the DPC’s work to give effect to the goals stated those documents.

My child’s data protection rights – the basics
The above link outlines some of the issues that can arise when a parent seeks to exercise data protection rights on behalf of their child.

Children’s data and parental consent
The above link looks at the meaning of the ‘digital age of consent’ and outlines when parents’ consent may be needed for processing their child’s personal data, and how parents can approach those cases.

Protecting my child’s data
The above link is intended to help parents understand the rights that they have in relation to their children’s data and gives some useful advice on how to protect their children’s rights.

Finally: Are there any limits on my child’s data protection rights?
This above link shown outlines some important limits to how and when children’s data protection rights may be exercised, whether by children themselves or by parents on their behalf. It outlines some common situations where these can arise and suggests ways in which parents can address them.

The DPC hopes that these guides will be useful not just to parents and guardians, but also to educators and anyone interested in children’s safety and wellbeing online.

If you have any questions about anything you read in these guides, you can email or call the DPC and they will be happy to answer your questions. You can find more information about how to contact the DPC HERE.