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Access to Justice: Accessibility1

Published online by Cambridge University Press:  08 September 2011

Patricia T Rickard-Clarke
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Abstract

Patricia T Rickard-Clarke writes on the complex issues relating to access to justice for the citizens of Ireland. Her article addresses the practical need for consolidation of legislation and the issues of making law accessible in a form that people can understand. The article also takes into account comparative developments in other jurisdictions.

Keywords

access to justiceIreland
Type
The Irish Legal System, Law Libraries and Legal Information
Information
Legal Information Management , Volume 11 , Issue 3 , September 2011 , pp. 159 - 164
Copyright
Copyright © The British and Irish Association of Law Librarians 2011

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References

Footnotes

2 Order 63A of the Rules of the Superior Courts 1986, inserted by the Rules of the Superior Courts (Commercial Proceedings) 2004 (SI No.2 of 2004) and Circuit Court Rules (Case Progression in Family Law Proceedings) 2008 (SI No.358 of 2008).

3 Duncan Berry: Keeping the Statute Book up to date: a personal view, Commonwealth Law Bulletin March 2010.

4 Legislation Directory: Towards a Best Practice Model (LRC CP 49 2008). In 2007 the Law Reform Commission took over responsibility for the Legislation Directory to the Statutes and has delivered updates to the Directory from 2006 to date. The Legislation Directory is the index to the Statutes and contains an index to all amendments. There is no Legislation Directory to Statutory Instruments.

5 Since 2006 the Commission is now responsible for the Statute Law Restatement function. Statute Law Restatement involves incorporation of all amendments to an Act into a single text, making legislation more accessible. See www.lawreform.ie

6 Following the Law Reform Commission's assumption of responsibility, the Commission made the decision in November 2007 to change the name of the ‘Chronological Tables of the Statutes’ to ‘Legislation Directory’.

7 Legislation Directory Report (LRC 102–2010) at 1.15 and 2.135. In 2010 510 SIs were produced of which 330 contained amendments ie 65%.

8 Even the use of language dating back many centuries gives rise to issues of access to legislation.

9 Consolidation and Reform of the Courts Acts (LRC CP 46 2007) and Consolidation and Reform of the Courts Acts (LRC 97 2010).

10 In considering the reform recommendations for the Courts Acts, the Law Reform Commission took into account a number of proposals made by other bodies, including the Working Group on a Courts Commission (whose reports let to the establishment of the Courts Service), the Committee on Court Practice and Procedure and the Working Group on the Jurisdiction of the Courts.

11 Legislation Directory: Towards a Best Practice Model (LRC CP 49 2008) at 1.85.

12 Information on common law jurisdictions has been obtained from Duncan Berry: Keeping the Statute Book up to date: a personal view, Commonwealth Law Bulletin March 2010 and from websites of the jurisdictions.

13 www.legislation.nsw.gov.au. The LEGIS system is an integrated system for drafting, storing, tracking and publishing legislation.

14 This is updated on a weekly basis.

15 Up to date in most jurisdictions updating of the database on a daily basis or within 3 – 7 days of any changes in legislation.

16 Access to legislation in Europe: Guide to the legal gazettes and other official information sources in the European Union and the European Free Trade Association Publications Office of the European Union 2009.

17 There are currently about 3000 Acts in force of which over one third (about 1,100) predate the foundation of the State.

18 The Law Reform Commission Act 1975 provides that the role of the Commission is to keep the law under review and formulate proposals for reform. Reform includes the development of law, its codification (including its simplification and modernisation) and the revision and consolidation of statute law.

19 The original draft Bill was published in 2010 but reference to the Bill is now contained in the Legislative Programme published 5 April 2011.

20 Statute Law Restatement (LRC CP 45 2007) and Statute Law Restatement (LRC 91 2008).

21 The Commission has stated that it is desirable that Ireland move towards the comprehensive implementation of eLegislation. See LRC CP 49 2008 at 4.34–4.41.

22 Personal Debt Management and Debt Enforcement (LRC 100–2010).

23 Free Legal Advice Centres Ltd An End based on Means 2003 and To No One's Credit 2009.

24 In Access to European Law: Joint Practical Guide: Guide of the European Parliament, Council and the Commission (updated in 2009).

25 Bankruptcy Law Committee Report on the Law and Practice concerning Bankruptcy and the Administration of Insolvent Estates of Deceased Persons “the Budd Committee Report” (Prl 2714, 1972).

26 Government Legislative Programme published 5 April 2011 proposes to publish the detailed Bill before the end of 2011.

27 LRC 82-2006.