Dáil debates

Wednesday, 4 April 2007

Criminal Justice Bill 2007: Report Stage (Resumed)

 

6:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

I welcome the formula put forward by the Tánaiste. There is case law in regard to decisions of the Court of Criminal Appeal where cautions were found to be defective. A formula should be devised. I am advised there are several statutory instruments or laws already enacted by the Oireachtas that require a member of the Garda Síochána to explain an issue in ordinary language.

To simplify matters, my amendment proposes that where the Minister prescribes a particular formula for a caution in a particular case, this will also be deemed to have satisfied the requirements of other enactments. This will mean that where this formula is applied, there is no need to offer the caution in a separate way to satisfy the provisions of a previous enactment. The purpose of the amendment is to capture that clearly and make it simpler.

I am anxious that we should have time to discuss periods of detention but I am not sure how this may be done. Would it be possible to allocate some part of the Report Stage debate tomorrow — even half an hour — for a continuation of Committee Stage?

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