Law Reform Commission calls for contempt of court reforms

The Commission made a number of recommendations for reform of contempt of court law as long ago as 1994, including the recommendation that some statutory offences should be introduced to replace the existing common law of contempt.

The Commission said those recommendations “have not been implemented, but since then the courts have reiterated that contempt of court law is in need of reform”.

Issues raised in the paper include the law on disclosure of journalists’ sources, as journalists asked in court to reveal confidential sources can be caught between contempt and breach of their professional code.

It also questions whether it is appropriate to retain or to regulate other offences and civil wrongs (torts) concerning the administration of justice, in particular maintenance (where a third party supports litigation without just cause) and champerty (where a third party supports litigation without just cause in return for a share of the proceeds).

These crimes and torts operate in Ireland under three pre-1922 statutes: the Statute of Conspiracy (Maintenance and Champerty), which dates back to the 14th century, the Maintenance and Embracery Act 1540, and the Maintenance and Embracery Act 1634.

Submissions on the issues paper, which can be downloaded in full here, can be submitted to contemptofcourt@lawreform.ie or by other means detailed here.

Contributors are requested to make their submissions/comments, if possible, before close of business on Monday 26 September 2016.