Dáil debates

Thursday, 17 February 2005

Criminal Justice Bill 2004: Second Stage (Resumed).

 

2:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)

I accept that. It is an unlawful organisation, but it has been around for a while, approximately 36 years, even though it claims a longer heritage. How does one deal with a gang that came together a year or two ago? How would one prove membership of a group with no formal association, no meetings and no minutes?

Both I and my colleagues in opposition are quite open to trying to get provisions on the Statute Book to help us in the fight against crime. At the very minimum, when we are debating a Criminal Justice Bill, we need to have a little more than the Minister's thoughts expressed in a one-liner in his speech. The issue needs to be teased out and debated fully before we can give it our approval or propose amendments to improve the legislation. Recently, two Government amendments were tabled on Report Stage of the Proceeds of Crime Bill. In principle, I agreed with both amendments but I had no opportunity of teasing them out. That is not the way to deal with legislation.

In the time remaining, I will have to deal with another ten points concerning the Minister's thoughts on what might be included in the Bill. In general, I am prepared to look constructively at a provision to strengthen sentencing for drug trafficking and firearms offences. However, those matters take us into the major issue of mandatory sentencing and its possible interference in judicial independence. It also has practical implications given the possible reluctance of the Judiciary to impose such mandatory sentences.

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