Reform of Non-Court Adjudicative Bodies and Appeals to Courts, LRC CP 70 – 2025

Paul Daly December 22, 2025

I spent the academic year 2023-2024 as scholar in residence at the Law Reform Commission of Ireland, on a long-running project addressing reform of the administrative justice system. I am pleased to say that the Commission’s Consultation Paper has now been published: Reform of Non-Court Adjudicative Bodies and Appeals to Courts (LRC CP 70-2025).

This is a very meaty project, but there are aspects that may be of interest to readers from other jurisdictions:

  • Chapter 1 introduces the project by emphasizing the growth of non-court adjudication but also the haphazard way in which the growth has occurred and takes account of the important Supreme Court decision in Zalewski
  • Chapter 2 addresses the concept of “adjudication”
  • Chapter 3 deals with the (im)possibility of implanting a ‘super tribunal’ structure to deal with all administrative appeals in Ireland given the constitutional position of the superior courts (which is different to the Australian and British positions, where such super tribunals have been embraced)
  • Chapter 3 also notes the possibility of introducing a ‘framework’ statute for administrative decision-making (like Quebec’s Act respecting administrative justice or Ontario’s Statutory Powers Procedure Act)
  • Chapter 3 in addition introduces the suggestion that an ‘Administrative Justice Council’ could be established as a body to administer the administrative justice system sitting at arm’s length from the political branches of government
  • Chapter 4 deals with the requirements of fair procedures and how these might be set out in a framework statute
  • Chapter 5 addresses the powers that adjudicative bodies need to accomplish their functions (including case management powers and the ability to give directions)
  • Chapter 6 then discusses the structure of adjudicative bodies, especially questions of structural independence around appointment, re-appointment, removal and remuneration, as well as the possibility of oversight of such matters by an Administrative Justice Council
  • Chapter 7 is concerned with judicial oversight, in particular the multiple routes of appeal and review of administrative decisions.

The consultation closes on June 23, 2026.

This content has been updated on April 16, 2026 at 14:45.