Dáil Éireann - Volume 401 - 11 July, 1990

Written Answers. - Review of Law Reform Commission.

77. Mr. J. Bruton asked the Minister for Justice the action which has been taken on the Law Reform Commission's working paper, of December, 1979, on the judicial review of administrative action.

Minister for Justice (Mr. Burke): As the Commission indicated in its Seventh Report, 1984 (laid before the Oireachtas on 5 July 1985 — pl. 3313) some of the recommendations contained in the working paper referred to in the question were proper for consideration by the Superior [1345] Courts Rules Committee. The Commission therefore decided to defer the preparation of its final report until the matter was considered by that body.

Since then the Rules Committee drew up and published the Rules of the Superior Courts (S.I. No. 15 of 1986) which came into effect on 1 October, 1986 with the concurrence of the then Minister for Justice. Under the provisions of Order 84 (Rules 18 to 27) the former conditional order system of application for relief in the nature of certiorari, mandamus, prohibition or quo warranto has been replaced by a system of “application for leave”. This new procedure implements substantially the provisional recommendation of the Commission.