Dáil debates

Tuesday, 20 September 2011

2:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)

What prompted me to put down this question was an article written by the former Attorney General and Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, who is not somebody I would normally quote. I am sure the Minister, Deputy Shatter, saw the article. Mr. McDowell made some very relevant points, in particular that the offence will clearly apply to all thefts, which, if it is the case, would be a very unintended consequence.

The Bill generally is one which most people, myself included, support. Did the Minister consider the particular aspect of a wider application of the reporting of theft than was in fact intended? What kind of advice did he get when he was putting together the legislation? If it is a question that it applies much more broadly, then, as Mr. McDowell stated in the article, we could end up with a lot of case law which will possibly have a different result than was intended.

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