Dáil debates

Thursday, 5 April 2007

10:30 am

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

I agree with the observations of the leader of the Fine Gael Party. This is an extremely important Bill. All types of corners have been cut in regard to it, putting enormous pressure not only on Opposition spokespersons and their support staff but also on the staff of the Houses.

Recommitted Committee Stage will resume for one hour, but there are important issues that have not been debated at all, the most important being the potential for sevenday detention. A distinguished former Attorney General wrote yesterday that this provision is unconstitutional. It is important that we address these matters in open debate in this House so that there is no doubt, as far as we are concerned, that the law we make is as robust and constitutionally sound as we can make it. I have tabled an amendment to this section, which I believe will improve it. As it stands, however, we will not even have a chance to debate it. That is fundamentally wrong.

The Tánaiste indicated yesterday that the Dáil would definitely be back after the Easter recess. Nobody in the House or outside it can say the Opposition has not been constructive. We have disciplined ourselves in terms of the type of debate in which we have engaged and have made very good progress in constructively remodelling sections of the Bill. However, we do not know where we stand on many fundamental matters. For example, the Minister undertook to rethink over night his position in respect of mandatory sentencing. We have not yet had sight of the Minister's Report Stage amendments and do not know whether section 24 will remain in the Bill.

We do not know, as of this minute, what enactments will remain in Schedule 2, whether the comprehensive Schedule currently provided will remain or whether particular provisions will be removed from it. These are fundamental matters. I ask that the suggestion from the leader of the Fine Gael Party, Deputy Kenny, to use the time today to conclude Committee Stage and adjourn the debate to allow for a separate Report Stage following the Easter recess be accepted. This would give everybody time to reflect and it would ensure we provide a robust package to which we can all sign up in response to gangland crime. This is the proper, fair and sound way to proceed. I ask that the Tánaiste accept the proposal made in good faith from this side of the House.

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