Seanad debates

Thursday, 22 May 2003

Order of Business. - Criminal Justice (Public Order) Bill 2002: Report and Final Stages.

 

The term "serious" in this context either means non-trivial, substantial or something like that. I do not believe that a member of the Garda Síochána not below the rank of inspector will act unreasonably or deal in trivialities. However, if he had a bad-minded garda who would do that, he can do nothing on his own account because he would have to persuade a District Court judge to agree with him that what he was proposing was fair in the circumstances. If it was unreasonable he would not succeed – we must have some faith in our Judiciary. If the owner of the premises was aggrieved by that, they could appeal the matter to the Circuit Court. Before anyone could be badly damaged by this process, it would require a conspiracy of a senior garda, a District Court judge and a Circuit Court judge to bolster the unfair decision made in the first instance.

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