Charles Flanagan (Laois-Offaly, Fine Gael)

While I do not intend to detain the House, I thank the Minister of State for his detailed explanation and clarification on the amendments. This issue was discussed on Committee Stage and I am pleased the Minister of State has introduced an element of clarification to what was a somewhat uncertain provision on the role and function of the holding officer or the manner in which powers were vested in other officers and powers assumed between members of the Irish Prison Service and members of the Garda Síochána.

The Bill's provisions are all fine in theory. This Bill is designed primarily to deal with the new criminal courts complex which will be officially opened shortly and which I understand is already engaged in some business this week. I wish everyone well in that complex. However, what about situations in which there are no holding areas of any description? I refer in particular to Portlaoise in my constituency, which houses the headquarters of the Garda Síochána for the Laois-Offaly division, as well as a busy District Court. It is busy both because of the local business in the area and the existence of approximately 750 prisoners in the town. There is no holding cell in the Victorian courthouse and it is impossible for any member in charge who assumes the powers and functions of holding area officer as there is no holding area in either the courthouse or the Garda station. Consequently, the holding area is in fact a prison van which usually is parked on the main street of Portlaoise in an area that is designed almost exclusively for pedestrians. How may the powers be vested, assumed or transferred to persons whose only holding area is a mechanically propelled vehicle? I merely make this point to illustrate the poor conditions under which many of our courthouses and Garda stations still engage in business. Like much of the criminal justice legislation that passes through this House, the Bills as enacted are only as good as the resources that accompany them and the enforcement procedures that allow for the Acts to remain of high repute. I ask the Minister of State to consider the position in respect of holding areas, be they cells, safe units or otherwise, both in courthouses and Garda stations.

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