Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Report and Final Stages
Dail Éireann — 2026-06-10
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Jim O'Callaghan (FF), Dublin Bay South

I move amendment No. 5:
In page 8, line 11, to delete “and” and substitute “, the Criminal Justice (Miscellaneous Provisions) Act 2023,”.
Amendments Nos. 70 and 71 are small technical amendments to both the Family Courts Act 2024 and the Criminal Justice (Miscellaneous Provisions) Act 2023 that are necessary ahead of the standing up of the first family courts next year. The amendments are to fix a legislative lacuna that will otherwise arise when certain provisions of the Family Courts Act 2024 are commenced. The commencement of section 5 of the 2024 Act will repeal provisions of certain enactments, including sections 40 and 40A of the Civil Liability and Courts Act 2004, which provides for the in camera rule of proceedings under relevant enactments as defined in section 39 of the Act. Included in relevant enactments is section 37 of the Criminal Justice (Miscellaneous Provisions) Act 2023, which provides for the in camera rule to apply to court proceedings under sections 28 to 30 of that Act, which in turn relates to applications for civil orders where there is the fear of violence or where serious alarm or distress is being caused by a person's behaviour. When I commence sections 96 and 97 of the 2024 Act, they will replace the repeal provisions and relevant enactments will be defined in section 95 of the 2024 Act. However, section 37 of the 2023 Act has not been defined as a relevant enactment for the purposes of the 2024 Act. That is why it is therefore necessary to make these technical but important amendments to fix this lacuna.
Amendments Nos. 5 and 6 amend the Long Title, consequential on the insertion of the new sections to amend the Criminal Justice (Miscellaneous Provisions) Act and the Family Courts Act 2024.

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Retrieved: 2026-09-28T05:50:47+00:00
Sitting date: 2026-06-10