O'Connor O'Dea Binchy Solicitors

09/08/2017

Tax Strategy Group suggests abolishing CGT relief on sale of home while cost may preclude cut in exit tax on investments

17/02/2017

ROADSIDE DRUG TESTS by Easter Weekend

New roadside tests for drug driving will be in place by the Easter bank holiday weekend.

The Road Traffic Act 2016 allows for preliminary testing of oral fluid for drugs at the roadside or in a Garda station, and creates a new specific offence of driving with the presence of certain illicit drugs in the bloodstream.

It is intended that the provisions will be commenced at the Easter bank holiday weekend. This will allow time for all stakeholders to prepare for introduction, and will provide a valuable opportunity to highlight the dangers of drug driving over the bank holiday weekend.
It is expected that these measures will impact positively on road safety.

03/02/2017

Minister Frances Fitzgerald publishes landmark Domestic Violence Bill Legislation to bring Ireland towards ratification of the Istanbul Convention on domestic violence.

The Domestic Violence Bill, published by Justice Minister Frances Fitzgerald, is a key part of the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021.

Ms Fitzgerald said: “Tackling domestic violence has been a priority for me throughout my career. It is not acceptable that anyone in Ireland is subjected to abuse, fear and intimidation. Domestic violence is a pernicious evil that has devastating physical, emotional and financial consequences for victims as well as society as a whole.

“The Bill will particularly improve the protections available to victims of domestic violence, most critically for cohabitants and parents in crisis situations, by introducing a new emergency barring order which can last for up to 8 working days.

“I also intend to bring forward amendments to the Bill at Committee Stage to extend access to safety and protection orders to those in intimate and committed relationships, who are not cohabiting.

“The Bill also aims to make the court process easier for victims of domestic violence. A victim will have the right to be accompanied to court by a family member, friend or support worker. A victim will be able to give evidence by live television link. There will be restrictions on attendance at both civil and criminal court proceedings and protections for the victim’s anonymity. It is not acceptable that anyone in Ireland is subjected to abuse, fear and intimidation. Domestic violence is a pernicious evil that has devastating physical, emotional and financial consequences for victims as well as society as a whole."

20/12/2016

ROAD TRAFFIC amendments will help courts enforce laws.
Justice Minister Frances Fitzgerald said proposed amendments to the Road Traffic Acts will help courts better enforce road traffic legislation.

Ms Fitzgerald was asked in the Dáil about the number of speeding cases being struck out in the District Courts and the fact many convicted people are not having points recorded on their licenses.

A significant percentage of cases are struck out for non-service.

An Garda Síochána has established a working group to monitor the level of summons service throughout the country and to examine how the rate of summons service can be improved.

Ms Fitzgerald also said an amendment to the Road Traffic Bill 2016 by Transport Minister Shane Ross would improve shortcomings by creating a revised procedure for the production of a driving licence in court and a process to record whether it was produced.

Ms Fitzgerald explained: "On conviction, the Judge will ask the person to produce their licence. The court will then record the details of the driving licence. Failure to produce the driving licence will be recorded and will constitute an offence.

"The Judge will, of course, still retain the discretion, which already exists, to adjourn the case to a later date and allow the person to produce their driving licence or learner permit at that point. In tandem with the new arrangements, it is intended that the wording of the summons will be changed to indicate that a person is required to bring their driving licence or learner permit with them to court and that failure to produce it to the court, if required under section 22, is an offence.

11/10/2016

http://www.rte.ie/news/budget-2017/2016/1011/823095-budget-2017-key-points-at-a-glance/

At a glance, the main points from the Budget announced today.

14/09/2016

CAR INSURANCE INCREASES: Why?

Car insurers, who have hiked premiums by 70 per cent over the last three years and sought to place the blame on motorists and lawyers, are to be investigated by the Competition and Consumer Protection Commission amid concerns that they are operating an illegal cartel.

The Commission has issued subpoenas to insurers over suspicions of collusion in raising prices on a range of premiums. The statutory body suspects some motor insurers may be breaching competition law by openly signalling to one another when they are planning on hiking their prices.

In a statement the CCPC said: “Where we get enough evidence to show that a cartel may exist, the CCPC will submit a file to the Director of Public Prosecutions with a recommendation that the parties involved be prosecuted on indictment.”

The summonses were issued as the legal profession yesterday united to condemn the insurance industry for its lack of transparency and for increases in premiums branded by the Law Society as “extraordinary, shocking and excruciating”.

In a statement to the Oireachtas Joint Finance Committee, Law Society senior vice president Stuart Gilhooly and its director general Ken Murphy said that for years insurers had engaged in a price war which saw them quote “unsustainably low premiums while insuring bad risks.”

They added: “The inevitable upshot has been an increase in premiums to restore profits and thereby compensate for these poor business decisions.”

The Law Society also drew attention to the current lack of competition among insurers and their poor investment of motorists’ premiums. Mr Gilhooly, said the cause of the increases in premiums “lies inside the closely guarded books of the insurance industry”.

He went on: “It is also common knowledge, though rarely admitted by the industry, that much of their profits emanate from the investment of the premium income.

“It is abundantly clear that recent returns have not been remotely the same levels that they would have experienced in the past, given the recent volatility of global markets.”

Mr Murphy added that he believed that insurers had been “signalling” proposed increases to each other.

Paul McGarry, chairman of the Council of the Bar of Ireland (pictured), argued that mismanagement of the insurance industry between 2012 and 2014 had led to increases in premiums to “restore profitability”.

He added that a “lack of transparency and incomplete disclosure of data” by the industry was a “significant barrier to a comprehensive understanding of the claims environment”.

Mr McGarry also pointed out that there had been no significant increase in the numberof claims processed by the Injuries Board and award levels remained consistent.

In addition, between 2006 and 2013, barristers’ professional fees decreased by between 26 and 50 per cent.

17/08/2016

COURT POOR BOX

Almost €1.3 million was paid into the poor box in Irish courts last year, a year-on-year decline of roughly 40 per cent.

The total collected sum of €1,291,397 in 2015 has since been distributed to 724 charities, agencies and individuals, according to the Courts Service of Ireland.

The amount is smaller than the €2.18 million collected in 2014.

Most of the poor box payments came from the District Courts, where the option of making a payment in lieu of or in mitigation of convictions and fines is available at the discretion of the presiding judge.

The Courts Service explains: "When combined with the Probation of Offenders Act it provides an option where some financial penalty is considered merited but a conviction and fine are not."

However, a High Court ruling in 2014 said it should not be given as an option to avoid conviction in motoring offences involving penalty points.

In most cases, the judge decides where the money goes.

Last year, charity Action Aid Ireland benefited from €40,000 from the courts in Tralee and the Youghal Lifeboat benefited from €2,000.

03/08/2016

The Paternity Leave and Benefit Bill 2016
and
The Proceeds of Crime Bill 2016 have both been signed into law.

Speaking about the new paternity leave legislation, Ms Fitzgerald said: "The Act provides fathers with two weeks of paternity leave and two weeks of paternity benefit, for babies born on or after 1 September 2016.

"This is a significant piece of legislation which recognises the key role that fathers play in the life of newborn babies and young children.

"The new Act is also a clear indicator of this Government's commitment to investing in children's early years, and to improving the work-life balance of parents.

"The leave can be taken any time within the first six months following birth, and I would encourage fathers to avail of the scheme and take this opportunity to spend additional time with their newborn baby and family.

On proceeds of crime, Ms Fitzgerald said: "This Act will tighten the net on cash and property held by organised criminals. These new laws are just one part of the Government's comprehensive package of measures to target organised crime."

19/07/2016

http://www.independent.ie/irish-news/firsttime-buyers-to-get-generous-new-grant-34891797.html

First-time buyers will get help from the Government in a new tax-refund-based scheme to be announced in the Budget.

27/06/2016

PRE-NUPTIAL AGREEMENTS:

The Government has confirmed it has "no immediate plans" to introduce legal recognition for pre-nuptial agreements despite lobbying from the farming industry.

The Sunday Independent has reported an expectation that the Government would legislate to create a legal framework around pre-nuptial agreements after Justice Minister Frances Fitzgerald (pictured) carried out a policy analysis last year.

Today, a spokesperson for the Department of Justice stated "The Government has no immediate plans to legislate for the legal enforceability and recognition of pre-nuptial agreements".

Providing for the recognition or enforceability of pre-nuptial agreements would raise legal, public policy and possibly constitutional considerations which would need to be examined very carefully before considering any further action in this area.

Currently a court may uphold the terms of a pre-nuptial agreement - if it is considered to be fair to the parties involved - and which in the circumstances provides for proper provision.

However, this is not always the case, and legislation would give greater certainty to the efficacy of prenuptial agreements.

26/02/2016

Make sure you vote today. Lots of people are happy with the direction in which the country is going. Many are unhappy. Whatever your feelings get out and vote and make your opinion count. Whatever your view or political leanings, we can all concede that we are blessed to live in a free democracy with the right to vote, so don't waste the opportunity. Finally best of luck to all the candidates who had the courage to put their names on the ballot sheet