Dáil debates

Thursday, 23 June 2005

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage.

 

6:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

I appreciate the spirit in which Deputy Costello has tabled these amendments but the Minister consulted with the Office of the Director of Public Prosecutions in regard to them. The first amendment is already comprehended in the section which is establishing a framework within which the DPP will operate. The section deals with the question of directions by the DPP in any event, and the Office of the DPP is in agreement with this view.

As regards the second amendment, the intention behind subsection (6) is to ensure a prosecution will not be invalidated because a garda has failed to comply with a direction from the DPP. There is a similar provision in the Criminal Justice Act 1984, which provides that a prosecution is not invalidated by reason of a breach of the custody regulations. The latter is, of course, a more serious matter. The DPP's office maintains the proposed amendment would cause difficulties in the prosecution of cases and for that reason the Minister is opposed to it.

The Minister is also opposed to the third amendment, which he considers to be unnecessary, and the DPP's office is in agreement with the Minister in this regard. In short, therefore, the Minister has consulted with the Director of Public Prosecutions who is satisfied with the framework envisaged in section 8. These amendments are not necessary for the effective operation of the section.

Comments

No comments

Log in or join to post a public comment.