Fianna Fáil is likely to find little to argue with in the PD proposals for justice and law reform, writes Carol Coulter, Legal Affairs Correspondent
Fianna Fáil's election manifesto said its policy on crime emphasises a continuation of the policies of the last government.
However, the Progressive Democrats' manifesto put forward an ambitious programme of reform of both the law and the judicial system. This included proposals for a press council, a police ombudsman and mandatory mediation before litigation.
Both manifestos agreed on increasing the strength of the Garda Síochána by 2,000 and more use of CCTV. Fianna Fáil reiterated the Government's commitment to the introduction of an inspectorate for the Garda, while the PDs proposed a police ombudsman to deal with complaints against the Garda quickly and efficiently.
Proponents of the inspectorate option argue that this would allow the body to initiate investigations rather than just follow up on complaints, and it is unlikely that the distinction between the two would form an obstacle to agreement.
Both manifestos also stressed the need for alternatives to prison, with the PDs proposing an overhaul of the law on fines and Fianna Fáil proposing full use of the probation service. If the detailed proposals in the PD manifesto find their way into a programme for government, the fines collected under the new legislation would fund compensation for victims of crime through a criminal injuries compensation tribunal.
The differences in emphasis between the two manifestos were most evident in the proposals for law reform, though a number of the PD proposals were already in the pipeline of the last government.
Among them was a proposal for the mandatory mediation of claims for employer liability and road traffic injuries, in cases where liability was not seriously disputed between the parties. This would take many of these cases out of the court system altogether.
A similar proposal from the Government provoked protests from both the Law Society and the Bar Council and lapsed with the dissolution of the Dáil.
The Progressive Democrats also proposed new laws to speed up civil litigation, with the exchange of written briefs before trial and measures to avoid lengthy opening of cases. They also proposed considerable reform of the court system.
In the area of criminal law, there would be a single court for indictable offences, with the Circuit and Central Criminal courts merged into one nationwide court for all indictable offences. This is intended to reduce the delay between charging and trial.
The proposals also included a redrafting of the criminal code into a single Crimes Act, dealing with murder, violence, property, dishonesty, corruption, public order, arrest, criminal procedure, court jurisdiction, sentencing and reform of the law relating to defences such an insanity and incapacity. Reform of the law on insanity has been promised by successive governments for more than 20 years.
A proposal for legislation on judicial ethics is likely to be revived by a Fianna Fáil-PD government. The PD manifesto promised an effective remedy for complaints about judicial misbehaviour, including lay participation in the investigation of complaints.
The Minister for Justice promised a new Defamation Act towards the end of the last Dáil, also featured by the PDs. It would include a statutory press council, a defence of privilege for the expression of views and the investigation of matters of public and political importance.
One PD proposal which could prove controversial is the enactment of laws to allow co-habitants to confer rights on each other in relation to property, succession and financial support. Such rights might be opposed on the grounds of undermining the constitutional position of the family.