Conveyancing 

On 16 April 2024, the Conveyancing Committee launched the Conditions of Sale (Revised) 2023. The revised version incorporates the constructive feedback that was received from practitioners. In the revised edition the committee has included a new definition for ‘personal data’ which has the meaning given to it in the GDPR. The definition of Shared Personal Data has been amended so that the term ‘personal data’ is capitalised to capture the newly defined term. General Condition 49 has also been amended. See our Practice Note on the revised Conditions. 

The Committee has also updated their guidance in relation to Septic tanks and Domestic Waste Water Treatment Plans on the Client Memorandum regarding Surveys of Houses or Apartments. 

Insurance Reform

President of the Law Society Barry MacCarthy, alongside Director General Mark Garrett, Stuart Gilhooly SC and Ann McGarry, had a constructive and positive meeting with Neale Richmond TD, Minister of State with responsibility for Financial Services, Credit Unions & Insurance, and officials on 24 April to discuss insurance reform. We look forward to working closely with the Minister and the Department of Finance to progress insurance reform in the hope of lower premiums for the public. 

Summer Legislation Programme 

The Irish Government has outlined its Legislation Programme for Summer 2024. The Government confirmed on 24 April 2024 that 29 Bills will be prioritised for publication and 24 Bills for drafting in the upcoming 13-week summer parliamentary session. This is the First Legislation Programme that has been published since the election of the new Taoiseach and it could potentially be one of the final Legislation Programmes of the current Government. 

• As is usually the case, the Legislation Programme signals the planned publication of new legislation across a range of sectors including housing, justice reform, health, and digitisation, aligning with the existing commitments laid out in the Programme for Government. Several proposed Bills stand out for their potential societal impact.

• A law enforcement package, including the Garda Síochána (Powers) Bill which covers search, arrest and detention, the Garda Síochána (Recording Devices) (Amendment) Bill, and the Proceeds of Crime (Amendment) Bill.

• Defamation (Amendment) Bill would update aspects of defamation law, eliminating jury trials in certain cases, and provide for judicial training on handling strategic litigation against public participation (SLAPPS).

• Mental Health Bill would update and replace the Mental Health Act 2001, which has been found in breach of several UN Human Rights standards, including the rights of the child and the United Nations Convention of the Rights of People with Disabilities.

• Residential Tenancies (Right to Purchase) Bill would allow tenants in rental properties a right of first refusal to purchase a property when it is put forward for sale.

• Inspection of Places of Detention Bill would provide for the inspection of all places of detention, including prisons, Garda stations and courts.

• Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill would introduce changes in the following 4 key areas: (i) Corporate governance, (ii) Company law enforcement and supervision, (iii) Administration, and (iv) Insolvency. 

• Future Ireland Fund and Infrastructure, Climate and Nature Fund Bill would establish the Future Ireland Fund and the Infrastructure, Climate and Nature Fund, designed to provide funding for the anticipated costs of coping with climate change, an ageing population, and other unforeseen costs.

• Defence (Amendment) Bill would establish an external oversight body for the Defence Forces, echoing recommendations from a recent independent review.

• Digital Services (Levy) Bill would extend Coimisiún na Meán’s levy raising power to service providers in scope of the EU Digital Services Act and the EU Terrorism Content Online Regulation.

These legislative moves signal a commitment on the part of Government to implement reform across various dimensions of society, from enhancing social justice and public safety to promoting technological advancements and environmental protection. 

Over the coming weeks and months, we will be actively engaging with policymakers to ensure that your views and the interests of wider society are adequately reflected in proposed new legislation.