Ciarán Cuffe (Dún Laoghaire, Green Party)

I am always concerned when a Minister lashes in legislation a matter of weeks prior to a general election, particularly when that Minister will have been on the go for five years by the time the legislation is enacted. It is dangerous to pass legislation quickly through these Houses at the 11th hour. I am extremely concerned at the Tánaiste's growing isolation from his former peers in the Law Library and elsewhere. While I am not losing sleep over the Judiciary's snub to the Tánaiste at its Christmas drinks party, I am concerned when the chairman of the Law Society refers to the great danger of this legislation. No doubt he chose those words carefully. It is sobering to hear the president of the Law Society refer to the great danger to the rights of citizens if this legislation is rushed into law. It is rare that the head of a professional institute would use such strong language.

One of the great difficulties with this legislation is the modification of the right to silence, which has a long and honourable history within many institutions and jurisdictions. I note, for example, that in Australia the courts recognise the right to silence as an important common law right, and have always done so. Closer to home, in Germany, under the criminal procedure code a suspect, arrested or not, must be informed before any interrogation about his right to remain silent.

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