Minister ignoring Law Reform Commission

JUSTICE Minister Michael McDowell is to establish groups to review the law on prenuptial agreements, and on the right to silence which underpins criminal trials.

This follows the establishment of a similar group in April to examine the possible legal recognition of same-sex partnerships.

The establishment of these groups is questionable in light of the fact that there is already a body established by statute to examine such issues — the Law Reform Commission. The function of this commission is to “conduct research with a view to reforming the law and formulate proposals for law reform”.

The commission is led by Justice Catherine McGuinness and has a range of eminent academics and practitioners among its membership.

Under the relevant legislation, the Government, through the attorney general, can request the commission to undertake research into any particular branch of the law, and submit proposals for reform.

So why does Mr McDowell see a need for the establishment of these new committees at taxpayers’ expense, when there is a ready-made group already in place with the statutory authority to carry out such work?

An examination of the composition and nature of these groups might give us a clue as to why.

Their membership will be determined solely by the minister himself, and their terms of reference, which will be drawn up by him, are likely to be very restrictive.

For example, the working group on domestic partnership, which he established in April is chaired by Anne Colley, a former TD for the PDs. The group was effectively barred by the minister from examining the option of gay marriage because it was presented with extremely limited terms of reference which precluded it from looking at options which would involve an amendment to the constitution.

By dictating the committee’s agenda, Mr McDowell can ensure it will not consider any legal options which he might find to be unacceptable.

The Law Reform Commission would have had no such restrictions placed on it.

If the justice minister is to spend taxpayers’ money in seeking advice on law reform, then he should consult the Law Reform Commission, a body established by the Dáil, and not quangos established at his own whim.

The issues being examined are far too important for him to play politics with.

Barry Walsh

Brookfield Hall

Castletroy

Co Limerick