Dáil debates

Thursday, 27 October 2005

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage.

 

11:00 am

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)

I move amendment No. 1:

In page 3, line 22, after "1997" to insert the following:

", the text of which in the English language is set out for convenience of reference in Schedule 1 to this Act".

I welcome the Minister for Education and Science to the House but I am somewhat disappointed that the Minister for Justice, Equality and Law Reform appears to find it difficult to find his way to this House. He has no problem finding his way on to "Today with Pat Kenny", as he did yesterday morning, to have a nice smug interview without any opposition and to try to steal the limelight about what he intends to do. However, he finds it difficult to come into the House, where he should be. That is the job he is paid to do. I wanted to put that on the record at the outset.

My important amendments Nos. 1, 3, 26 and 27 are related. Similar amendments were tabled in the Seanad and they have now been revamped to take into consideration some of the remarks made by the Minister in the Upper House. Essentially, the principle concerned here is that we need to insert in the legislation the information that is part of the European agreement. If we do not insert the relevant texts to which we are referring, it creates a messy situation for any lawyer or citizen. We should not consider law as simply the preserve of lawyers. It should be regarded as the preserve of citizens because the law is enacted for them. It is normal practice that Schedules are listed as part of the legislation. They are generally inserted at the end of a Bill. In this case, therefore, it would be helpful if the part of the Schengen Convention referred to in the text of the European agreements we are discussing was included in the legislation. I propose that we should insert the relevant parts, but not all of them. I have excised the parts that are not relevant to the Bill. If that facility was provided, anybody accessing the legislation could immediately refer to the precise details, rather than having to consult the convention itself in another document, which might cause greater difficulty.

Legislation should be consolidated so that whatever one needs is available in particular legislation. One should not have to refer to other legislative aspects elsewhere. It would be a simple matter to include in the Bill the text which is set out for convenience of reference in Schedule 1. Amendment No. 3 seeks to insert the Preamble, Title 1, etc., in Schedule 2. Amendments Nos. 26 and 27 include the text to which we are referring.

I ask the Minister at this late stage to make a final effort to improve the quality of the Bill by providing convenience of reference for legal practitioners and citizens generally who avail of the legislation.

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