Courts No. 2 Act, 1986
The attention of members is drawn to the fact that the Courts Bill of 1984 was passed by both Houses of the Oirechtas, under the above title, on 2 July, 1986. Sections 2, 3(1), 3(3) to 3(5) and sections 5 to 8 became law on 12 July, 1986, but the other provisions shall come into operation on such dates as may be fixed by the Minister for Justice. Such a date has not yet been fixed.
The Act makes certain changes in relation to the enforcement of Court Orders Act, 1926 and 1940, and has some important changes in relation to the Intoxicating Liquor Acts.
The principal changes are as follows:
Section 1: This section, which has not yet been brought into force, repeals section 15 of the Enforcement of Court Orders Act, 1926, and replaces it with a new section which gives the Creditor power to apply to the District Court Clerk for an Examination Order, as opposed to the present system of applying to the Court itself. The District Court Clerk can then give a return date for the summons where the Debtor would be examined on his means. However, prior to the Debtor being examined in Court as to his means he must supply the Creditor with a full copy of the Statement which he intends to rely upon at the Court Hearings so that the Creditor has an opportunity of examining the veracity of the Statements made.
Section 4: which has not yet been brought into force, provides that intoxicating liquor licences may, save in certain exceptional cases, be renewed annually by the Revenue Commissioners without the production of a Certificate of the District Court (Sub-section 2). Heretofore a Certificate had to be obtained at the annual licensing District Court as a prerequisite to the renewal of a licence by the Commissioners. A Court Certificate will still be required where objection to the renewal has been lodged with the Court and in other specified circumstances. These other circumstances are:
(a) where there has been structural alteration
(b) where the licence has expired and the application for renewal is made by a person other than the holder of the licence within one year after such expiry and
(c) where any change is proposed in the nature of the licence or in the conditions attaching to it.
Section 6: This section, which is now in force, amends section 25 of the Intoxicating Liquor Act, 1927, by the insertion after sub-section (1) of that section of the following sub-section: "1(a). In the case of a conviction for any offence relating to prohibited hours the provisions of sub-section (1) of this section shall apply only if the Court in its discretion so thinks proper." So, for the first time, the Court has a discretion in relation to endorsements for prohibited hours.
Section 7: This section, which is now in force, further amends the Intoxicating Liquor Act, 1927, by the substitution of a new section 27. Whenever the holder of any licence is convicted by the District Court of an offence under Part III (endorsement of licences) and an appeal lies to the Circuit Court, the Circuit Court Judge has now a discretion as to whether or not any such reaffirmation of a conviction should be endorsed on the licence. Once again, an entirely new provision giving the Court discretionary powers.