In this month’s Justice and Law Reform article, learn more about activities and meetings in areas of Business Law, Conveyancing and EPAs.
Business Law / Taxation
In recent months the Law Society’s Business Law Committee prepared two submissions in response to Central Bank of Ireland Consultation Papers on the ASP Consolidated Guidelines in respect of the Administrative Sanctions Procedure, amended in connection with the Central Bank (Individual Accountability Framework) Act 2023 (the Consultation Paper").
In collaboration with the Law Society’s Taxation Committee, we responded to the Department of Finance Consultation on Ireland’s Taxation of Share-based Remuneration.
Following a previous response to the public consultation on Ireland’s implementation of the EU Regulation on Investment Screening, the committee submitted further comments in February to the Department of Enterprise, Trade and Employment on draft Guidance for Stakeholders, as part of the implementation of Ireland’s Screening of Third Country Transactions Act 2023. We will continue to monitor the Guidance proposed and engage with the Department.
Conveyancing/Probate
The Law Society is committed to working on conveyancing and probate reform. In the Department of An Taoiseach this week, Director General Mark Garrett - along with representatives of the Conveyancing Committee and Probate, Administration & Trusts Committee - presented to the Housing For All Working Group on Probate and Conveyancing.
The Law Society’s Conveyancing Committee recently published a Practice Note to detail the changes introduced by sections 1 to 22, section 27 and the Schedule to the Local Government Rates and Other Matters Act 2019 as amended by the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (the new rates provisions). Significant changes have been introduced in commercial rates legislation which are in force since 1 January 2024. The March Practice Note summarises some of the key provisions of the new legislation.
Another practice note in March reminds you to include certain wording in any correspondence returning signed Contracts for Sale, signed by a purchaser to a vendor’s solicitor. The pre-contract deposit should be stated to be paid to the stakeholder on trust. For details, view the Practice Note.
Enduring Power of Attorney (EPAs)
The Law Society continues to engage with the DSS and Government to share the profession’s significant concerns about the new arrangements for EPAs, including issues with the DSS Portal system which are causing delays in the creation of EPAs. We have written to Government noting that urgent changes are required to the Assisted Decision-Making (Capacity) Act 2015 (as amended), which are in line with submissions made by the Law Society’s Mental Health Law & Capacity Task Force in January 2022 on the amending legislation which introduced the new arrangements. See the latest EPA Practice Note issued in February 2024 which supersedes guidance from 2023.