The Commission is an independent body established under the Law Reform Commission Act 1975. The Law Reform Commission Act 1975 states that the Commission's role is to keep the law under review and to conduct research with a view to the reform of the law. The 1975 Act defines law reform to include: the development of law; its codification (including its simplification and modernisation) and; the revision and consolidation of statute law.
- under a Programme of Law Reform prepared by the Commission and agreed by Government and laid before the Houses of the Oireachtas under the 1975 Act; and
- in accordance with a request from the Attorney General under the 1975 Act.
A Programme of Law Reform is prepared by the Commission, approved by Government and placed before both Houses of the Oireachtas in accordance with the 1975 Act. Under the 1975 Act, the Attorney General may also request the Commission to examine specific areas of law in addition to those in a Programme of Law Reform.
The stages of a Law Reform Project include a consultation process in which the Commission may i) meet with experts or practitioners working in a particular area, or representatives of interest groups; ii) prepare an Consultation Paper. The purpose of a Consultation Paper is to provide a summary or outline of a project on which the Commission is embarking or on which work is already underway and to provide readers with an opportunity to express views and to make suggestions and comments on specific questions. Consultation Papers represent current thinking at time of issue, within the Commission, on specific items where this is stated. This thinking should not be taken as representing a settled position taken by the Commission. Consultation Papers are circulated to members of the legal professions and to other professional groups who are likely to have a particular interest in, or specialist knowledge of, the relevant topic. They are also published on the Commission's website to ensure they are available to all members of the public; iii) Before the drafting of the Report a seminar is usually held to which the Commission may invite any interested parties, or those who have made submissions.