Bernard Durkan (Kildare North, Fine Gael)

I was interested to hear what the Minister had to say but the opinion of the general public would differ with regard to when a prosecution should take place and the most cost-effective means of bringing an action. He argued that it might be better to align the provision with other relevant Acts because a local authority might not be in a position to bring a prosecution within three years. However, the longer the delay from the time of the offence, the more irrelevant a prosecution can become. The measure as it stands could encourage unnecessary delays in prosecutions. The speedier the prosecution, the more it would be perceived by the general public as a response to an offence. I do not know how much additional time a local authority might need but concentration of the mind would have beneficial consequences. I understand why Deputy O'Dowd tabled this amendment.

I am a former local authority member, although I left voluntarily before there were any redundancies in that regard. I always held to the view as a local authority member that if a decision must be taken, it should be taken immediately. While I do not want to go down the watery roads we have travelled in past weeks, decisions should be taken on foot of the legislation and procedures being put in place. The longer one delays, the less effective one's action becomes. It would send a salutary message if a prosecution took place within months of the offence. I do not know how beneficial a long drawn out prosecution could be, even if such a delay is set out in other legislation.

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