Dáil debates

Thursday, 2 July 2009

Criminal Justice (Miscellaneous Provisions) Bill 2009: Report and Final Stages

 

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)

The Minister states one of the reasons for his limiting the right of appeal is that it is being used as a device to prolong the decision making process. The Minister's point of ensuring there is no subversion of justice would be catered for under section 12(g)(13), which allows for the remand of a person in custody. If there were difficulties with vexatious or unfounded appeals that are made to frustrate the process, it would be dealt with easily by remanding the person in custody, which might meet the Minister's concern.

The Minister looked to the matter of delay and backlog but rather than dealing with it expediently, by refusing entry to the process and debarring people an opportunity to engage in the process, he is dealing with the issue improperly. Perhaps the Minister could address the backlog by looking to the structure. There is a need for a separate division which would act as a court of civil appeal that would deal with the Supreme Court business in a way that would be fair and progressive, rather than the way he is dealing with the issue by introducing legislation that will restrict the right of appeal and debar a citizen from engaging in the process. This expediency is not in the public interest.

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