The rights and responsibilities of fathers, gender recognition and the law relating to juries and victims' rights in the criminal justice system are among the areas to be examined in the Law Reform Commission's third programme of law reform.
The programme was presented to the Attorney General, Paul Gallagher, last night by the president of the commission, Mrs Justice Catherine McGuinness.
The commission was set up in 1975 with a mandate to keep the law under review with a view to its reform. It has completed its first two programmes, as well as producing consultation papers and reports on matters referred to it by the Attorney General.
Among the matters dealt with under the second programme was the establishment of a DNA database, the law on tribunals of inquiry, the reform of the law relating to murder, manslaughter and corporate killing, mental capacity and vulnerable adults and the rights and duties of cohabitees.
In preparing its third programme, it arranged public consultation meetings, in Galway, Cork and Dublin, and received 200 submissions. It decided on 37 topics for consideration.
The topics were selected on the basis that they met a real community need, were suitable for analysis by the commission in the light of its resources and expertise, they did not duplicate work being done elsewhere, and they were likely to be completed within the timeframe available.
In terms of the general legal system, the topics to be considered include the law relating to juries, debt enforcement, bench warrants and search warrants, the limitation of actions for damages, alternative dispute resolution and how agreements reached through it can be enforced, and the consolidation and reform of the Courts Acts.
The commission will also examine the law of evidence, including the impact of new technology, hearsay, advance disclosure of the case to be presented by the defence, forensic evidence and expert evidence.
In terms of criminal law, it will examine the law on sexual offences, particularly in relation to consent; and the victim in the criminal justice system. This will look at the communication of information, anonymity of parties, the right of representation of victims, video and remote evidence, victim impact statements and media reporting.
The programme will also examine restorative justice from a community, victim and offender perspective. It will look at how vulnerable persons are treated by the criminal justice system before, during and after the court process, and also how the criminal law treats people with limited intellectual capacity.
It will also examine the law of homicide and defences in criminal law. The commission pointed out that the codification of the criminal law is already being undertaken by a separate committee.
Referring to family law, the commission will examine the rights and duties of fathers in relation to guardianship, custody and access to their children, and the rights and duties, if any, of grandparents.
It will conduct a review of the law relating to domestic violence, including its application to people other than spouses, in particular older people. It will examine the law on nullity, especially in the light of the introduction of divorce legislation.
Looking at the position of specific groups in society, it will examine the law relating to children, including the age at which they are competent to consent to medical treatment, and the issue of internet regulation for children. It will examine the issue of gender recognition in the light of emerging international law.
It will look at the position of migrants into Ireland, and the extent to which the laws on family reunification and citizenship are consistent with international law and best practice. It will consider the law relating to care, particularly those charged with the care of vulnerable people.
In the area of technology and the individual, it will examine the extent to which certain aspects of bioethics require legal regulation, including feeding intervention in a medical care setting.
It will also examine the need for regulation of assisted human reproduction in Ireland, taking into account the existing review of this area.