Dermot Ahern (Louth, Fianna Fail)

I cannot accept the amendment because it would remove a provision required to give statutory effect to a Council decision. There is not much difference between the texts of this one and the existing section 14 except that in the new text a person may be remanded for a period not exceeding 14 days pending production of the warrant to the court as opposed to seven days. Already under the existing section 14 the remand can be only in custody whereas under this new section the remand, although it is for 14 days, can be in custody or in bail, at the discretion of the court. This is not excessive when one considers the type of work that needs to be carried out in the preparation of the warrant. The section contains many protections for persons arrested under its provisions. It requires that the person arrested must be brought before the court as soon as may be after arrest and that all subsequent matters should be dealt with by the High Court. It will be a matter for the High Court at its discretion to decide on the appropriate period of remand pending production of the warrant in each case and whether such remand should be in custody or on bail. Of course if the warrant is not produced to the High Court within the period specified then obviously the person must be released. Therefore, I cannot accept the amendment.

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