Michael McDowell (Dublin South East, Progressive Democrats)

I have given the House my reasoning behind sentencing provisions. Regarding the detention provisions, I carefully considered, as did the Attorney General, the newspaper article to which the Deputy refers. I am satisfied that the provisions are not unconstitutional or in breach of the European Convention on Human Rights and the Attorney General has advised me that this is the case. If these provisions were unconstitutional it would follow that the existing drug trafficking in respect of extended detention are also unconstitutional and I have no reason to suspect that that is the case.

It is clear in my mind that the extended detention provisions are necessary to deal with tiger kidnappings involving firearms, murders involving firearms and so on. I have every reason to say to this House that the existing detention periods are not adequate in these circumstances. Gardaí find themselves trying to put together forensic materials and make inquiries of witnesses but must release people in certain circumstances while inquiries are still taking place.

All this is subject to judicial control. The suggestion that this is not a function of the Judiciary is a novel proposition that I reject. It has no echo in European law and no echo in the laws of these islands. It is a function of the Judiciary to exercise a role in detention powers.

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