Oireachtas Joint and Select Committees

Wednesday, 27 March 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017

Photo of Marie Louise O'DonnellMarie Louise O'Donnell (Independent) | Oireachtas source

I want to make some general comments. I have a lack of knowledge of the law until it applies at my front door. I know Mr. Byrne possibly had a lack of knowledge of the law until it came to his front door, as was the case with Ms Deane. I am a patron of AdVIC which is one of the correct things I have done since I came to the Seanad because I have learned what happens to people, from parole to minimal custodial sentencing, and these are things that Deputy O'Callaghan is also trying to rectify.

It is difficult to speak about first degree convicted murderers having the same rights as people they have murdered. I find that difficult to understand from an emotional point of view but I bow to the law. I am hearing that property rights take precedence over social justice and that is the bottom line here. Are we saying that property rights take precedence over wilful, first degree murder? That is what we are arguing here, on a pin. As Mr. Byrne mentioned, we have kept arguing the point since 2009, waiting and delaying on decisions so I congratulate Deputy O'Callaghan for bringing this forward. I agree totally with Professor Mee that there should be a stand-alone Bill because it will be cleaner and clearer. The Legislature will be able to do exactly what it says, as opposed to having it in a civil liability amendment. Deputy O'Callaghan might like to talk about that.

What happens insurance policies, investments and other bank accounts? Are they covered in the Bill? Does it just apply to property? The arguments about who would have a lifeline first and who would have died first pale into insignificance when somebody purposely shortens the life of somebody else. It becomes a different argument.

However, either way I would like to see this legislation being progressed. I would like the parole element to be progressed as well. It is very important and we have delayed and lingered on this long enough. Those are general points about the Bill, the stand-alone nature of it and other aspects, including investments.

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