Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020
Remote hearings by designated body
31. (1) Notwithstanding anything contained in the enactment concerned, but subject to subsections (2) and (5), a provision of an enactment relating to the holding by a designated body of a hearing shall apply subject to the following modifications and any other necessary modifications:
(a) a reference to the holding of a hearing shall be construed as a reference to the holding of such a hearing by remote hearing;
(b) a reference to a person being required to attend in person before the designated body shall be construed as a reference to the person being required to participate by remote hearing in a hearing;
(c) a reference to a person being required to produce a document to a designated body shall be construed as a reference to the person being required to send by post, transmit by electronic means or otherwise deliver the document to the designated body;
(d) the designated body shall be deemed to have the power to make such arrangements, and to adopt such practice and procedures, as are necessary to enable the conduct of a hearing by remote hearing.
(2) Subsection (1) shall not apply in respect of a particular hearing where the designated body concerned, of its own volition, or following the making of representations by a person concerned, is of the opinion that the application of the subsection to the hearing would be unfair to the person, or would otherwise be contrary to the interests of justice.
(3) A relevant Minister may, by order, designate a body for the purposes of this section, where he or she is satisfied that it is appropriate to do so having regard to the—
(a) provisions of the enactment governing the conduct by the body of hearings,
(b) nature of the hearings conducted by the body, and
(c) need to ensure efficiency in the conduct of hearings under the enactment.
(4) Where more than one Minister of the Government is a relevant Minister in relation to a particular body, a relevant Minister, before making an order under subsection (3) in respect of the body, shall consult with all other relevant Ministers in relation to the body.
(5) Nothing in this section shall be construed as operating to interfere with the power of a body under an enactment or rule of law to hold hearings before it by remote F8[hearing or in person].
F9[(5A) A person who, in relation to a relevant hearing—
(a) with the intention of frustrating the participation by a person in the relevant hearing, interferes with or obstructs the electronic communications technology employed in the relevant hearing, or
(b) makes, without the permission of the designated body that holds the relevant hearing, any recording of the relevant hearing,
shall be guilty of an offence and shall be liable—
(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or
(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years, or both.
(5B) Proceedings for an offence—
(a) under subsection (5A), or
(b) committed, whether under subsection (5A) or otherwise, by a person in connection with his or her participation by remote hearing in the relevant hearing, may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.]
(6) In this section—
“body” means a body established by or under an enactment, or a body or person empowered under an enactment to hold a hearing for any purpose;
“designated body” means a body designated under subsection (3);
“electronic communications technology”, in relation to a hearing, means technology that enables real time transmission and real time two-way audio-visual or audio communication, enabling a person to participate in the hearing although not in the same place as another participant;
“hearing” includes a part of a hearing and the hearing of an appeal or part of an appeal;
“participant” in relation to a hearing, includes the designated body that is holding the hearing;
F9["relevant hearing" means a hearing that, by virtue of the application to it of subsection (1), is held by remote hearing;]
“relevant Minister” means, in relation to a body, the Minister of the Government with responsibility for the body and in whom functions, whether statutory or otherwise, as respects the body are vested;
“remote hearing” means a hearing in which—
(a) the participants are not all in the one place, and
(b) one or more of the participants participate in the hearing by means of electronic communications technology.
Annotations:
Amendments:
F8
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 91(a), S.I. No. 389 of 2023.
F9
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 91(b), (c), S.I. No. 389 of 2023. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.
Editorial Notes:
E29
Power pursuant to subs. (3) exercised (29.04.2021) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Commission for Regulation of Utilities) (Designation) Order 2021 (S.I. No. 233 of 2021).
E30
Power pursuant to subs. (3) exercised (20.04.2021) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Standards in Public Office Commission) (Designation) Order 2021 (S.I. No. 189 of 2021).
E31
Power pursuant to subs. (3) exercised (2.02.2021) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Charity Appeals Tribunal) (Designation) Order 2021 (S.I. No. 59 of 2021).
E32
Power pursuant to subs. (3) exercised (31.12.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (International Protection Appeals Tribunal) (Designation) Order 2020 (S.I. No. 715 of 2020), in effect as per art. 1(2).
E33
Power pursuant to subs. (3) exercised (19.11.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Health) (Designation) Order 2020 (S.I. No. 533 of 2020).
E34
Power pursuant to subs. (3) exercised (12.11.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Appeals Officers) (Designation) Order 2020 (S.I. No. 523 of 2020).
E35
Power pursuant to subs. (3) exercised (9.11.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) Order 2020 (S.I. No. 518 of 2020), in effect as per art. 1(2).
E36
Power pursuant to subs. (3) exercised (4.11.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Labour Court) (Designation) Order 2020 (S.I. No. 515 of 2020).
E37
Power pursuant to subs. (3) exercised (28.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Property Services Appeal Board) (Designation) Order 2020 (S.I. No. 488 of 2020).
E38
Power pursuant to subs. (3) exercised (28.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Property Services Regulatory Authority) (Designation) Order 2020 (S.I. No. 487 of 2020).
E39
Power pursuant to subs. (3) exercised (28.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Mental Health (Criminal Law) Review Board) (Designation) Order 2020 (S.I. No. 486 of 2020).
E40
Power pursuant to subs. (3) exercised (28.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Legal Aid Board) (Designation) Order 2020 (S.I. No. 485 of 2020).
E41
Power pursuant to subs. (3) exercised (15.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Competition and Consumer Protection Commission) (Designation) Order 2020 (S.I. No. 455 of 2020), in effect as per art. 1(2).
E42
Power pursuant to subs. (3) exercised (13.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Sections 29 and 31) (Hepatitis C and HIV Compensation Tribunal) (Designation) Order 2020 (S.I. No. 428 of 2020), in effect as per art. 1(2).
E43
Power pursuant to subs. (3) exercised (5.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Irish Financial Services Appeals Tribunal) (Designation) Order 2020 (S.I. No. 424 of 2020).
E44
Power pursuant to subs. (3) exercised (5.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Central Bank of Ireland) (Designation) Order 2020 (S.I. No. 422 of 2020).
E45
Power pursuant to subs. (3) exercised (5.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Financial Services and Pensions Ombudsman) (Designation) Order 2020 (S.I. No. 420 of 2020).
E46
Power pursuant to subs. (3) exercised (1.10.2020) by Civil Law and Criminal Law (Designated Body - Agriculture) Order 2020 (S.I. No. 411 of 2020).
E47
Power pursuant to subs. (3) exercised (24.09.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Workplace Relations Commission) (Designation) Order 2020 (S.I. No. 359 of 2020), in effect as per art. 1(2).
E48
Power pursuant to subs. (3) exercised (4.09.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Remote Meetings and Remote Hearings of State Body – Adoption Authority of Ireland) Order 2020 (S.I. No. 335 of 2020).