Thursday, March 29, 2007

Concern Expressed Over Criminal Justice Bill (Éire)

The Irish Human Rights Commission has expressed concern about the Criminal Justice Bill which is currently going through the Dáil, claiming that some of its provisions could lead to serious injustice.

Earlier, the Government agreed to allow extra time next week to debate proposed amendments to the legislation.

The move followed complaints from the Opposition that only one fifth of the amendments down for debate today had been discussed.

The Government Chief Whip, Tom Kitt, has now arranged to re-open the Committee Stage debate in the Dáil on Wednesday.

The Bill will introduce changes to the bail laws and to the right to silence, and reduce judge's discretion on mandatory sentencing.

Before the debate on the Criminal Justice Bill today, there was the traditional wrangle over the amount of time allowed.

Mr McDowell (pic'd here in Nazi pose) said his legislation was designed to protect innocent people from gang-related crime and he did not want to stand 'at the end of the bed' of another victim of such violence.


Fine Gael leader Enda Kenny said the short time available for the Committee Stage was 'not the way to do business' and smacked of 'the height of arrogance'.


Labour leader Pat Rabbitte said it was unreasonable to expect Deputies to deal with such a large number of amendments, which experts have said warrant serious scrutiny.


And Trevor Sargent, Green Party leader, asked what the point was of being there if they were not taking their job seriously, by properly debating legislation, and said the law itself was being demeaned by this process.


Caoimghín Ó Caoláin of Sinn Féin warned that the protection of innocent citizens was at stake.

Once the debate got underway, Mr McDowell accepted some amendments and agreed to consider others before the next stage of the Bill.


Fine Gael and Labour proposed changes which would allow acquittals to be quashed if new evidence of guilt emerged, which was one of the recommendations of the Criminal Law Review Group.


The Tánaiste agreed with the idea, but claimed it needed more debate.


There was all-party support for another Fine Gael amendment that would allow courts to admit evidence even if had been obtained unconstitutionally.


However, the Tánaiste said this could be open to constitutional challenge, which could sink the entire Bill.

Mr McDowell also promised to change the Bill to ensure that tougher sentences for repeat offenders should only apply to serious crimes, a point raised yesterday by a group of barristers.

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