Ciarán Cuffe (Dún Laoghaire, Green Party)

Before I address the substantive topic, I wish to briefly take issue with the Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell's remarks about the absence of certain representatives from the Chamber yesterday. He knows as well as I do about the demands placed on those in smaller parties. He is often conspicuous by his own absence from the Chamber when legislation he has put forward is being debated. Unlike the Tánaiste, I and many of my colleagues try to cover several portfolios. It is a cheap shot to try to take issue with us over our absence at particular times from the Chamber.

Yesterday, I pointed out many of the concerns people have about the Criminal Justice Bill. Not only is rushed legislation by its very nature often bad legislation but the Bill itself proposes to take away various fundamental rights and freedoms. It is going too far, too quickly. Others agree with me such as those in the Law Society, for example. Many people are concerned about the strong measures contained in the Bill.

The Tánaiste is very much aware of problems that have arisen over individuals who have been kept for prolonged periods in Garda custody. He is also well aware of difficulties that continue to this day within An Garda Síochána. Therefore, I am surprised he would allow in the Bill for periods of detention in Garda custody of up to seven days. Civil rights issues often arise when people are kept in Garda custody for prolonged periods without charges being preferred. A seven day period of detention by the Garda is a dangerous step. The Tánaiste should reconsider this measure.

I referred yesterday to the right to silence. Many countries have no provision for the dramatic measures suggested by the Tánaiste regarding the removal of the right to silence. In the United States, one has to subpoena a witness to remove his or her right to silence. That is a very dramatic step to take and it is one which should only be used in limited circumstances. The Tánaiste may argue the proposal would only apply in certain cases but it is a retrograde step. There is no substitute for good, old-fashioned policing and more emphasis should be placed on this rather than removing fundamental freedoms from individuals.

I am concerned about the recommendations for mandatory sentencing in certain areas. Judges are the people best equipped to make decisions on these issues. I am concerned about the freedom of the Judiciary that has been long enjoyed if they are told what sentence to give in certain cases. We need people within the Judiciary who can react to individual cases as they see fit. It is dangerous to push them strongly in a certain direction.

The Green Party is concerned about the restrictions on the right to silence. We are also concerned about the extension of detention periods and mandatory sentencing. Most of all, we are concerned at the manner in which this Bill is being pushed before the House against the protests of many bodies, including the Law Society and the Irish Council for Civil Liberties. The Tánaiste should think again. I urge him to wait and listen to the recommendations of the committees he has set up to deal with these fundamental issues, rather than rushing legislation through the House. It makes for bad law and the Green Party is opposed to the railroading of legislation.

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