Dáil debates

Friday, 10 July 2009

Enforcement of Court Orders (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages

 

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendment No. a1a:

In page 4, line 24, to delete "as soon as practicable" and substitute "within 8 hours".

I mentioned this on Second Stage and will not labour the point. I am concerned that the legislation stipulates that one be brought to court "as soon as practicable" after arrest. I understand this means as quickly as possible but this is often not the case because a person arrested on a Friday could have to wait until Monday for a hearing in the District Court. Would it be appropriate to have a special sitting within eight hours in such cases to ensure that nobody spends the night in prison for a civil offence? Such offences should be treated as a civil cases.

The amendment is to ensure that a person will not end up in a cell for longer than is reasonable given that the offence in question is indebtedness rather than a major crime. It is often the case that individuals are placed in cells because they are afraid to engage with the system or because they cannot afford legal advice. The top criminals in this country could get a solicitor to help them obtain bail much quicker than others could. I am not suggesting the latter should not be arrested but that they be brought before a District Court judge as quickly as possible. I suggest that this should occur within eight hours.

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