1. (1) This Act may be cited as the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) The Coroners Acts 1962 to 2019 and Part 2 may be cited together as the Coroners Acts 1962 to 2020.

2. In this Act—

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“Minister” means the Minister for Justice and Equality.

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

4. Every order, other than an order under section 1(2), made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5. (1) Sections 33 and 34 of the Act of 2007 are repealed.

(2) The repeal of the sections specified in subsection (1) shall not affect any direction made under section 33 of the Act of 2007 prior to the coming into operation of this section.

(3) Section 26 of the Civil Law (Miscellaneous Provisions) Act 2008 is repealed.

(4) In this section, “Act of 2007” means the Prisons Act 2007.

6. In this Part, “Principal Act” means the Coroners Act 1962.

7. The Principal Act is amended by the insertion of the following section after section 11A:

“11B. (1) The Minister may, in exceptional circumstances arising due to the number or nature of deaths resulting from a pandemic, catastrophic event or other occurrence leading to mass fatalities, upon a request in that behalf from a coroner for a coroner’s district—

(a) subject to subsection (2), assign a person who stands appointed as a coroner or deputy coroner for another coroner’s district, or

(b) subject to subsections (3) and (6), appoint a person (including a person who previously stood appointed as a coroner or deputy coroner for any coroner’s district) who has not attained the age of 75 years at the time of the appointment and is qualified for such appointment under section 14,

to act temporarily as a coroner (in this section referred to as a ‘temporary coroner’) for the first-mentioned coroner’s district if the Minister is satisfied that such assignment or appointment is necessary for the purpose of increasing the number and progress of inquiries under this Act into deaths in that district.

(2) An assignment of a person under subsection (1)(a) shall be made only with the consent of the person to be assigned.

(3) The Minister shall, before making an appointment under subsection (1)(b), satisfy himself or herself that the person possesses the requisite knowledge and ability for the proper discharge of the duties of a coroner.

(4) An assignment or appointment under subsection (1) shall be in writing and shall be made for a specified period, not exceeding 6 months, from the date of the assignment or appointment, as the case may be.

(5) (a) Subject to paragraph (c), an assignment under subsection (1)(a) may, upon a request in that behalf from the coroner for the coroner’s district concerned and with the consent of the person who is the subject of the assignment, be renewed from time to time in writing by the Minister for a further period not exceeding 6 months from the expiration of the period specified in accordance with subsection (4) or, as the case may be, from the expiration of the last period of renewal under this paragraph.

(b) Subject to paragraph (c), an appointment under subsection (1)(b) may, upon a request in that behalf from the coroner for the coroner’s district concerned, be renewed in writing, up to a maximum of 3 times, by the Minister and each renewal may be for a further period not exceeding 6 months from the expiration of the period specified in accordance with subsection (4) or, as the case may be, from the expiration of the last period of renewal under this paragraph.

(c) An assignment or appointment shall not be renewed under paragraph (a) or (b) unless the Minister is satisfied that at the time the renewal is requested—

(i) the exceptional circumstances referred to in subsection (1) exist, and

(ii) such renewal is necessary for the purpose referred to in that subsection.

(6) The appointment of a person as a temporary coroner shall cease upon the person attaining the age of 75 years.

(7) A request by a coroner under subsection (1) or (5) shall—

(a) be in writing, and

(b) specify the exceptional circumstances referred to in subsection (1) which apply and the reasons why the coroner considers that such assignment, appointment or renewal, as the case may be, is necessary for the coroner’s district concerned for the purpose referred to in that subsection.

(8) The Minister shall, before making or renewing an assignment or appointment under this section, consult—

(a) in the case of a coroner’s district other than the coroner’s district of Dublin, with the local authority in whose area the district is situate, and

(b) in the case of a proposed assignment under subsection (1)(a) of a person who stands appointed in another district as a deputy coroner, with the coroner for that other district.

(9) Where a person is assigned or appointed to act as a temporary coroner under this section, the Minister shall—

(a) in the case of a coroner’s district other than the coroner’s district of Dublin, designate the coroner who made the request under this section as the senior coroner for that district for the period of such assignment or appointment and that senior coroner shall, for that period, order the work of the district, and

(b) in the case of the coroner’s district of Dublin where no senior coroner is designated under subsection (7) or (9) of section 6A, designate the coroner for the coroner’s district of Dublin who made the request as the senior coroner for that district for the period of such assignment or appointment and that senior coroner shall, for that period, order the work of the district.

(10) During the illness or absence of the person designated under subsection (9) to be the senior coroner for a coroner’s district, the Minister may designate the deputy coroner for the district concerned to perform the functions of the senior coroner for that district for any period during such illness or absence.

(11) A designation under subsection (9) or (10) shall not affect the independence of any other coroner, or of any other person exercising the powers and duties of the coroner, for that district, in the performance of his or her functions as such.

(12) A person assigned or appointed to act as a temporary coroner under this section shall, during such period of assignment or appointment, have all the powers and duties, other than a power to appoint a deputy coroner, of a coroner for the coroner’s district concerned.

(13) An assignment or appointment made under this section may be revoked by the Minister at any time.

(14) (a) A person assigned or appointed to act as a temporary coroner under this section for the coroner’s district of Dublin shall be paid such salary, inclusive of any travelling, subsistence and other out-of-pocket expenses incurred by him or her in the course of his or her duties as temporary coroner, as may be agreed with the Minister.

(b) A person assigned or appointed to act as a temporary coroner under this section for a coroner’s district other than the coroner’s district of Dublin shall be paid such salary, inclusive of any travelling, subsistence and other out-of-pocket expenses incurred by him or her in the course of his or her duties as temporary coroner, as may be agreed with the local authority in whose area the district is situate.

(15) The Minister, in the case of the coroner’s district of Dublin, or the local authority in whose area the district is situate, in the case of any other coroner’s district, shall pay such expenses, other than out-of-pocket expenses, as the temporary coroner incurs in the course of his or her duties as temporary coroner.”.

8. The Principal Act is amended by the insertion of the following section after section 13A:

“13B. (1) In addition to the instances set out in section 13(3) where a deputy coroner may act for the coroner by whom he or she was appointed, the Minister may, in exceptional circumstances arising from the number or nature of deaths resulting from a pandemic, catastrophic event or other occurrence leading to mass fatalities, upon a request in that behalf from a coroner for a coroner’s district other than the coroner’s district of Dublin, authorise a deputy coroner appointed by that coroner to act temporarily for that coroner in that district if the Minister is satisfied that such authorisation is necessary for the purpose of increasing the number and progress of inquiries under this Act into deaths in that district.

(2) An authorisation under subsection (1) shall be made only with the consent of the deputy coroner concerned.

(3) An authorisation under subsection (1) shall be in writing and shall be made for a specified period, not exceeding 6 months, from the date of the authorisation.

(4) (a) Subject to paragraph (b), an authorisation may, upon a request in that behalf from the coroner of the coroner’s district concerned and with the consent of the person who is the subject of the authorisation, be renewed from time to time in writing by the Minister for a further period not exceeding 6 months from the expiration of the period specified in accordance with subsection (3) or, as the case may be, from the expiration of the last period of renewal under this subsection.

(b) An authorisation shall not be renewed under paragraph (a) unless the Minister is satisfied that at the time the renewal is requested—

(i) the exceptional circumstances referred to in subsection (1) exist, and

(ii) such renewal is necessary for the purpose referred to in that subsection.

(5) A request by a coroner under subsection (1) or (4) shall—

(a) be in writing, and

(b) specify the exceptional circumstances referred to in subsection (1) which apply and the reasons why the coroner considers that such authorisation or renewal, as the case may be, is necessary for the coroner’s district concerned for the purpose referred to in that subsection.

(6) The Minister shall, before making or renewing an authorisation under this section, consult with the local authority in whose area the coroner’s district is situate.

(7) The Minister shall, where an authorisation is in force under this section and no senior coroner stands designated under section 11B(9)(a), designate the coroner who made the request under this section as the senior coroner for that district for the period of such authorisation and that senior coroner shall order the work of the district.

(8) During the illness or absence of the person designated under subsection (7) to be the senior coroner for a coroner’s district, the Minister may designate the deputy coroner for the district concerned to perform the functions of the senior coroner of that district for any period during such illness or absence.

(9) A designation under subsection (7) or (8) shall not affect the independence of any other coroner, or of any other person exercising the powers and duties of the coroner, for that district in the performance of his or her functions as such.

(10) A deputy coroner authorised to act for the coroner of a district under this section shall, for the period the authorisation is in force, have all the powers and duties, other than the power to appoint a deputy under section 13(1), of a coroner for that district.

(11) An authorisation given under this section may be revoked by the Minister at any time.

(12) A deputy coroner authorised to act for the coroner of a district under this section shall, while the authorisation is in force, be paid such salary, inclusive of any travelling, subsistence and other out-of-pocket expenses incurred by him or her in the course of his or her duties while so acting, as may be agreed with the local authority in whose area the district is situate.

(13) The local authority in whose area the district is situate shall, while an authorisation is in force under this section, pay such expenses, other than out-of-pocket expenses, as the deputy coroner incurs in the course of acting for the coroner.”.

9. Section 14 of the Principal Act is amended in subsection (1) by the insertion of “, or a temporary coroner under section 11B(1)(b),” after “under this Act”.

22. In this Part—

F3["criminal proceedings" means proceedings against a person for an offence and includes any appeal proceedings related to the offence;]

“live video link”, in relation to a person participating in criminal proceedings or relevant proceedings, means a live television link or other audio-visual arrangement which—

(a) enables the person to participate in the proceedings and to see and hear the proceedings before the court, and

(b) enables all other persons participating in the proceedings who are not in the same location as the person to see and hear the person;

“relevant person”, in relation to criminal proceedings or relevant proceedings, means the person the subject of the proceedings concerned;

“relevant proceedings” means proceedings under—

(a) the Extradition Act 1965,

F4[(aa) the Transfer of Sentenced Persons Act 1995,]

(b) Part II of the International War Crimes Tribunals Act 1998,

(c) the F5[the European Arrest Warrant Act 2003,]

F4[(ca) the Transfer of Execution of Sentences Act 2005,]

(d) Part 3 of F5[the International Criminal Court Act 2006, or]

F4[(e) Part 3 of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023,]

F3[and includes any appeal proceedings related to such proceedings].

23. (1) This section applies to an application to a court in criminal proceedings (in this section referred to as a “relevant application”) where—

(a) the application is of a type specified in subsection (2),

(b) the application is made or to be made by or on behalf of the Director of Public Prosecutions or the relevant person, and

(c) the relevant person is legally represented, has obtained legal advice or has been given the opportunity of obtaining, or being provided with, such advice.

(2) The following types of applications (other than an application under subsection (4), (8) or (10)) are specified for the purposes of subsection (1):

(a) an application for bail or free legal aid;

(b) in relation to proceedings on indictment, an application relating to and including the sentencing of the relevant person or any other application except—

(i) an application made at the commencement of, or during, the trial,

(ii) any other application that appears to the court to require the presence of the relevant person at the hearing, including—

(I) an application relating to the capacity of the relevant person to stand trial, or

(II) an application to dismiss the charges against the relevant person on the ground that there is not sufficient evidence to put him or her on trial;

(c) in relation to proceedings in the District Court—

(i) any other application in the proceedings prior to the hearing date,

(ii) an application relating to and including the sentencing of the relevant person, or

(iii) an application relating to the sending forward of the relevant person for trial or sentence from the District Court;

(d) in relation to appeals from the District Court to the Circuit Court—

(i) any other application in the proceedings prior to the hearing date, or

(ii) an application relating to and including the sentencing of the relevant person;

(e) any application in appeal proceedings (other than an appeal referred to in paragraph (d)) F6[…].

(3) A court may, of its own motion, on being satisfied that it is not contrary to the interests of justice, direct that—

(a) all relevant applications of a type or a class that is specified in the direction, or

(b) all relevant applications in relation to which the relevant person is of a class specified in the direction,

shall be heard with the relevant person appearing using a live video link between the court and the place where the relevant person is located.

(4) A relevant application to which a direction under subsection (3) does not apply may be heard with the relevant person appearing using a live video link between the court and the place where the relevant person is located, if the court so directs, whether on application to it or of its own motion, on being satisfied that—

(a) the application being heard without the relevant person being present in court would not thereby be prejudicial to the relevant person,

(b) the interests of justice do not require the presence of the relevant person at the hearing,

(c) the facilities provided by a live video link between the court and the place where the relevant person is located are such as to enable such interpretation or translation as may be necessary during the hearing,

(d) the relevant person and his or her legal representative are able to communicate in confidence during the hearing,

(e) the application being heard without the relevant person being present in court is otherwise appropriate having regard to—

(i) the nature of the application,

(ii) the complexity of the hearing,

(iii) the age of the relevant person, and

(iv) his or her mental capacity,

and

(f) no other circumstances exist that warrant the relevant person’s presence in court for the hearing.

(5) An application for a direction under subsection (4) may be made ex parte to the judge, or a judge, of the court concerned by or on behalf of the Director of Public Prosecutions or the relevant person.

(6) The court may, if it considers it in the interests of justice to do so, require notice of an application for a direction under subsection (4) to be given to the relevant person or his or her legal representative or, as the case may be, to the Director of Public Prosecutions.

(7) Where an application is made for a direction under subsection (4) and the court refuses to give such a direction, it shall state its reasons for such refusal.

(8) A court may, at any time after a direction is given under subsection (3), whether on application to it or of its own motion, make an order that the direction shall not apply in respect of a relevant application relating to a relevant person on the grounds that—

(a) the live video link is not available, or

(b) one or more of the matters specified in paragraphs (a) to (f) of subsection (4) do not apply in the relevant person’s case.

(9) Where, on an application under subsection (8), the court refuses to make an order that the direction given under subsection (3) shall not apply in respect of the relevant application concerned, it shall state its reasons for such refusal.

(10) The court may, at any time after a direction is given under subsection (4), whether on application to it by or on behalf of the relevant person or of its own motion, revoke the direction on the grounds that—

(a) the live video link is not available, or

(b) one or more of the matters specified in paragraphs (a) to (f) of subsection (4) do not apply in the relevant person’s case.

(11) Where, on an application under subsection (10), the court refuses to revoke a direction given under subsection (4), it shall state its reasons for such refusal.

(12) The court may, where a relevant person appears, or proposes to appear, using a live video link in accordance with this section and such video link fails or ceases to operate, make such ancillary order or direction as it considers necessary in the interests of justice.

(13) Where the provisions of this section are complied with in relation to the hearing of a relevant application, the relevant person shall be deemed to be present in court for the purposes of any enactment or rule of law or order of any court otherwise requiring the presence in court of an accused or convicted person during criminal proceedings against him or her.

(14) The power of a court under subsection (3) may be exercised on behalf of the court by the Chief Justice, in the case of the Supreme Court, and by the President of the Court in the case of any other Court.

(15) Without prejudice to the power of a court to make such provision in the absence of such rules, rules of court may make further provision to facilitate the hearing of a relevant application by the court using a live video link in accordance with this section.

(16) This section—

(a) shall apply to criminal proceedings, whether initiated before, on or after the coming into operation of this section, and

(b) is without prejudice to section 26.

24. (1) This section applies to any application in relevant proceedings (in this section referred to as a “relevant application”) where—

(a) the application does not relate to—

(i) the first appearance in court by the relevant person following his or her arrest,

(ii) the hearing by a court with regard to the making of an order for surrender where the relevant person is not consenting to such surrender, or

(iii) the hearing by a court with regard to the making of an order committing the person to a prison or remand institution there to await the order of the Minister for his or her extradition or surrender where the relevant person is not consenting to such extradition or surrender,

(b) the application is made or to be made by or on behalf of the Minister, the Attorney General or the relevant person, and

(c) the relevant person is legally represented, has obtained legal advice or has been given the opportunity of obtaining or being provided with such advice.

(2) A court may, of its own motion, on being satisfied that it is not contrary to the interests of justice, direct that—

(a) all relevant applications of a type or a class that is specified in the direction, or

(b) all relevant applications in relation to which the relevant person is of a class specified in the direction,

shall be heard with the relevant person appearing using a live video link between the court and the place where the relevant person is located.

(3) A relevant application to which a direction under subsection (2) does not apply may be heard with the relevant person appearing using a live video link between the court and the place where the relevant person is located, if the court so directs, whether on application to it or of its own motion, on being satisfied that—

(a) the application being heard without the relevant person being present in court would not thereby be prejudicial to the relevant person,

(b) the interests of justice do not require the presence of the relevant person at the hearing,

(c) the facilities provided by a live video link between the court and the place where the relevant person is located are such as to enable such interpretation or translation as may be necessary during the hearing,

(d) the relevant person and his or her legal representative are able to communicate in confidence during the hearing,

(e) the application being heard without the relevant person being present in court is otherwise appropriate having regard to—

(i) the nature of the application,

(ii) the complexity of the hearing,

(iii) the age of the relevant person, and

(iv) his or her mental capacity,

and

(f) no other circumstances exist that warrant the relevant person’s presence in court for the hearing.

(4) An application for a direction under subsection (3) may be made ex parte to the judge, or a judge, of the court concerned by or on behalf of the Minister or the Attorney General or the relevant person.

(5) The court may, if it considers it in the interests of justice to do so, require notice of an application for a direction under subsection (3) to be given to the relevant person or his or her legal representative or, as the case may be, to the Minister or the Attorney General.

(6) Where an application is made for a direction under subsection (3) and the court refuses to give such a direction, it shall state its reasons for such refusal.

(7) A court may, at any time after a direction is given under subsection (2), whether on application to it or of its own motion, make an order that the direction shall not apply in respect of a relevant application relating to a relevant person on the grounds that—

(a) the live video link is not available, or

(b) one or more of the matters specified in paragraphs (a) to (f) of subsection (3) do not apply in the relevant person’s case.

(8) Where, on an application under subsection (7), the court refuses to make an order that the direction given under subsection (2) shall not apply in respect of the relevant application concerned, it shall state its reasons for such refusal.

(9) The court may, at any time after a direction is given under subsection (3), whether on application to it by or on behalf of the relevant person or of its own motion, revoke the direction on the grounds that—

(a) the live video link is not available, or

(b) one or more of the matters specified in paragraphs (a) to (f) of subsection (3) do not apply in the relevant person’s case.

(10) Where, on an application under subsection (9), the court refuses to revoke a direction given under subsection (3), it shall state its reasons for such refusal.

(11) The court may, where a relevant person appears, or proposes to appear, using a live video link in accordance with this section and such video link fails or ceases to operate, make such ancillary order or direction as it considers necessary in the interests of justice.

(12) Where the provisions of this section are complied with in relation to the hearing of a relevant application, the relevant person shall be deemed to be present in court for the purposes of any enactment or rule of law or order of any court otherwise requiring the presence in court of an accused or convicted person during relevant proceedings against him or her.

(13) Nothing in this section affects the right of a relevant person to be present during any relevant proceedings other than the hearing of a relevant application.

(14) The power of a court under subsection (2) may be exercised on behalf of the court by the Chief Justice, in the case of the Supreme Court, and by the President of the Court in the case of any other Court.

(15) Without prejudice to the power of the court to make such provision in the absence of such rules, rules of court may make further provision to facilitate the hearing of a relevant application by the court where the relevant person appears using a live video link between the court and the place where the relevant person is located.

(16) This section—

(a) shall apply to relevant proceedings, whether initiated before, on or after the coming into operation of this section, and

(b) is without prejudice to section 26 .

25. (1) Without prejudice to sections 13 and 29 of the Criminal Evidence Act 1992, in an application of a type specified in section 23(2) in criminal proceedings or in an application in relevant proceedings to which section 24 applies, a person other than the relevant person may, with the leave of the court give evidence, whether from within or outside the State, through a live video link.

(2) Evidence given under subsection (1) shall be videorecorded or otherwise recorded in such manner as is provided for by the court or in rules of court.

26. (1) Subject to this section, the Court of Appeal or the Supreme Court may direct that any category or type of appeal proceedings before the court concerned shall proceed by remote hearing.

(2) Without prejudice to the power of a court under subsection (1), and subject to this section, in any appeal proceedings before it, the Court of Appeal or the Supreme Court may, of its own motion or on the application of any of the parties, direct that the proceedings concerned shall proceed by remote hearing.

(3) A direction under subsection (1) or (2) may—

(a) specify the electronic communications technology by which the proceedings are to proceed, and

(b) include such ancillary or consequential directions as the court concerned considers appropriate.

(4) In any applicable proceedings, where it appears to the court that the conduct of the proceedings in accordance with such a direction would be unfair to any of the parties or otherwise be contrary to the interests of justice, the court, of its own motion or on the application of any of the parties, and having heard the parties, shall, as the case may be—

(a) direct that the direction under subsection (1) shall not apply in respect of the proceedings concerned, or

(b) revoke the direction under subsection (2).

(5) Without prejudice to the power of a court to conduct applicable proceedings by remote hearing in the absence of such rules, rules of court may make further provision for the conduct of applicable proceedings by remote hearing and, without prejudice to the generality of the foregoing, may make provision in relation to any or all of the following matters:

(a) the means by which remote hearings are to take place;

(b) the conduct of remote hearings;

(c) the attendance of witnesses at remote hearings (including the compelling of such attendance);

(d) the procedures by which a party or parties referred to in subsection (4) may object to the proceedings proceeding by remote hearing and the hearing and determination of such objections.

(6) Where applicable proceedings are conducted by remote hearing—

(a) the court shall have the same power, with any necessary modification, to make any orders (including orders for the attendance of witnesses and the production of documents) in respect of the conduct of the proceedings as may be made in respect of proceedings that are not so-conducted, and

(b) a person who participates by remote hearing in the proceedings shall, in respect of such participation—

(i) be deemed to be present at the proceedings concerned, and

(ii) have the same immunities and privileges, and shall be subject to the same obligations and liabilities, as he or she would were he or she participating in proceedings that are not so-conducted.

(7) A person who, in relation to applicable proceedings that are conducted by remote hearing—

(a) with the intention of frustrating the participation by a person in the proceedings, interferes with or obstructs the electronic communications technology employed in the proceedings, or

(b) makes, without the permission of the court, any recording of the proceedings,

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.

(8) Proceedings for an offence—

(a) under subsection (7), or

(b) committed, whether under subsection (7) or otherwise, by a person in connection with his or her participation by remote hearing in applicable proceedings,

may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.

(9) This section applies to appeal proceedings whether such proceedings are brought before on or after the commencement of the section.

(10) The power of a court under subsection (1) may be exercised on behalf of the court by the Chief Justice, in the case of the Supreme Court, and by the President of the Court of Appeal, in the case of the Court of Appeal.

(11) In the interests of the administration of justice and the determination of applicable proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, the Chief Justice, in the case of the Supreme Court, and the President of the Court of Appeal, in the case of the Court of Appeal, may issue practice directions in relation to the conduct of applicable proceedings before it.

(12) A practice direction under subsection (11) may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the Chief Justice or the President of the Court of Appeal, as the case may be, to be necessary or expedient for the purposes of the direction.

(13) A practice direction shall be published in such manner as the Chief Justice or the President of the Court of Appeal, as the case may be, may direct.

(14) Nothing in this section shall be construed as operating to interfere with the power of a court under any enactment or rule of law to require or provide for appeal proceedings to proceed by remote hearing, or to otherwise regulate the conduct of proceedings before it.

(15) For the purposes of this section, a person participates by remote hearing in proceedings where he or she so-participates—

(a) from a location other than the court itself, whether within the State or outside the State, and

(b) by means of electronic communications technology.

(16) In this section—

“appeal proceedings” means—

(a) an appeal in criminal proceedings whether against conviction or, sentence, or both, or

(b) an appeal in relevant proceedings;

“applicable proceedings” means proceedings that are the subject of a direction under subsection (1) or (2);

“electronic communications technology”, in relation to a remote hearing, means technology that enables real time transmission and real time two-way audio-visual communication that enables a person to participate in the hearing from a location other than the court itself;

“part”, in relation to proceedings, includes—

(a) any hearing in the proceedings, and

(b) the participation of a particular person in the proceedings;

“proceedings” includes a part of proceedings;

“remote hearing” means a hearing in proceedings in which one or more of the participants participates—

(a) from a location other than the court itself, whether within the State or outside the State, and

(b) by means of electronic communications technology.

27. Section 17 of the Criminal Justice Administration Act, 1914 is amended by the insertion of the following subsection after subsection (3):

“(3A) (a) Where a person is detained in a prison, whether on remand or serving a sentence of imprisonment, any warrant committing that person to any prison (whether the prison in which the person is currently detained, or any other prison) that is in force but which has not been executed, may properly be executed as if it committed the person to the prison where the person is currently detained.

(b) Paragraph (a) shall apply to any unexecuted warrant in respect of a person detained in a prison, whether such warrant was made—

(i) before or after the warrant in respect of which the person is detained in the prison concerned, and

(ii) before or after the coming into operation of this section.”.

28. (1) A court may make such provision as it considers appropriate to ensure the conduct, in a just and expeditious manner, of criminal proceedings or relevant proceedings, including with regard to the management of lists of such proceedings.

(2) Nothing in this section shall be construed as operating to interfere with the power of a court under an enactment or rule of law to provide for the matters referred to in subsection (1) or to otherwise regulate the conduct of proceeding before it.

29. (1) Notwithstanding anything in any other enactment—

(a) meetings of a designated State body, or

(b) designated meetings of a State body,

may consist of a conference between some or all of the members who are not all in one place, but each of whom is able (directly or by means of electronic communications technology) to speak to each of the others and to be heard by each of the others.

(2) Any decision made, vote taken or other act done by means of a conference referred to in subsection (1) of members of a designated State body, or of members at a designated meeting of a State body, shall be as good and effectual as a decision made, vote taken or other act done by the members concerned would have been if such had been made, taken or done by those members in a meeting of them held in person.

(3) A relevant Minister may, by order, designate, for the purposes of this section—

(a) a State body, or

(b) a meeting or category of meeting held by a State body.

(4) A relevant Minister shall make an order under subsection (3) only where he or she is of the opinion that it is appropriate to do so having regard to the—

(a) nature of the State body concerned,

(b) nature of the meetings of the State body concerned,

(c) need to ensure efficiency in the conduct of meetings of the State body, and

(d) public interest.

(5) Where more than one Minister of the Government is a relevant Minister in relation to a particular State 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.

(6) Nothing in this section shall be construed as operating to interfere with the power of a State body under an enactment or rule of law to hold a meeting by means of a conference referred to in subsection (1) or any similar means.

(7) In this section a reference to—

(a) members includes a reference to directors and to commissioners, and

(b) a State body includes a reference to a board of the State body and to a committee or sub-committee of the State body or of such a board.

(8) In this section—

“electronic communications technology”, in relation to a meeting referred to in paragraph (a) or (b) of subsection (1), means technology that enables real time transmission and real time two-way audio-visual or audio communication;

“designated State body” means a State body designated under subsection (3)(a);

“designated meeting” means, in relation to a State body, a meeting or category of meeting held by the State body and designated under subsection (3)(b);

“meeting”, in relation to a State body, does not include a meeting that consists of a hearing, at which a person the subject of any proceedings by the State body—

(a) is entitled to appear or be represented, and

(b) at which the person does so appear or is so represented;

“relevant Minister” means, in relation to a State 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;

“State body” means a body established—

(a) by or under an enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or

(b) under the Companies Act 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government.

F7[30. (1) Notwithstanding anything contained in the rules (howsoever described) of the body, the validity of a meeting of the members of an unincorporated body, or of a vote taken, decision made or other act done by such members at a meeting, shall not be affected by virtue only of the fact that the meeting concerned was held in accordance with subsection (2) and not held in person.

(2) A meeting referred to in subsection (1) is held in accordance with this subsection where the members participating in the meeting are not all in the one place, but each member is able, directly or by means of electronic communications technology, to speak to, and to be heard by, each of the other members.

(3) In this section, "electronic communications technology", in relation to a meeting referred to in subsection (1), means technology that enables real time transmission and real time two-way audio-visual or audio communication.]

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.

32. (1) A document may be executed in counterpart in accordance with this section.

(2) A document is executed in counterpart where—

(a) it is executed in 2 or more parts in like form, and

(b) no part is signed by both or all parties to the document.

(3) On such execution, the counterparts are to be treated as a single document.

(4) A document executed in counterpart becomes effective when—

(a) both or all the counterparts have been delivered in accordance with subsection (5), and

(b) any other step required by an enactment or rule of law for the document to become effective has been taken.

(5) Each counterpart shall be delivered to the party or parties who did not sign the counterpart concerned.

F10[(5A) This section is without prejudice to any other enactment or rule of law concerning—

(a) the execution of a document in counterpart,

(b) the treatment, on such execution, of documents executed in counterpart,

(c) the steps required for a document executed in counterpart to become effective, or

(d) the delivery of a document executed in counterpart.]

(6) In this section, “document” means a contract or deed.

33. The Courts of Justice Act 1953 is amended by the insertion of the following section after section 26:

“26A. (1) Notwithstanding the making of an order under section 26(1)(f), the Courts Service may, following consultation with, and with the consent of, the President of the District Court, and by notice made in accordance with this section, alter the places or vary the days or hours for the time being appointed for holding the District Court in or for any district court area, where it is of the opinion that such alteration is necessary to ensure the efficient operation and continuation of the business of the court.

(2) The Courts Service may by order specify the form of, and particulars to be included in, a notice under this section.

(3) A notice under this section shall be published on the website of the Courts Service and shall—

(a) have effect from the date of its publication or such other date as is specified in the notice, and

(b) remain in effect until the expiry of such period as is specified in the notice.”.