Seanad debates

Tuesday, 20 May 2003

Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage.

 

Criminal liability is different. We have been advised that a separate protocol would be needed to which all member states would have to sign up if we were to introduce what Senator Tuffy – logical and correct as it may be – is seeking to introduce. In respect of criminal liability, the reason behind section 12(a), which states that "in the case of such seconded members who are members of a police force of another Member State, [they may] be regarded as members of the Garda Síochána", is that sometimes there is a different category of punishment for offences committed against a member of the Garda Síochána as opposed to a member of the public. I do not know if that is logical, but it is part of criminal law. It was regarded as fair, right, just and consistent to provide similar sanctions for offences committed against members of a joint investigation team who happen to come from another country.

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