Dáil debates

Wednesday, 30 November 2005

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage.

 

4:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)

My amendment addresses a relatively similar point, namely, that the Human Rights Commission has made a number of recommendations on this matter, of which I am sure the Minister is well aware. The amendment is to the effect that the court is not obliged under the legislation to eliminate conditions on a sentence that are not available by law in Ireland. It could result in a change or more severe conditions being imposed. For example, we do not have a sentence of hard labour in Ireland. Areas of remission and so on are also involved.

The difficulty would not be in that area but with any type of unusual conditions that could pertain in a country other than Ireland. We should have the discretion and flexibility to ensure that it did not take place. Sentences should be subject to any directions the High Court may give in respect of these matters and on how a sentence may be served. We want to ensure that new and unusual types of conditions are not applicable in another jurisdiction.

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