Seanad debates

Wednesday, 11 June 2003

Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages.

 

10:30 am

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

The time is 14 days with regard to the first amendment, but I take it the Senator is referring to the second amendment proposed. It is not quantified as such, but when parties are before a court the obligations of natural justice come into play. There is the difficulty of a ship on the high seas in a serious storm and some time away from port. To specify in legislation a time limit after arrest could give rise to many difficulties.

Apart from the conventional position, most systems of judicature require that a person or ship arrested be brought to justice without delay. That is a feature of general jurisprudence, but our advice was that it was not necessary to incorporate that in this legislation in terms of an express time limit after arrest.

Amendment, by leave, withdrawn.

Amendment No. 4 not moved.

Section 7 agreed to.

Section 8 agreed to.

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