Seanad debates

Wednesday, 15 October 2003

Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage.

 

10:30 am

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

I am in some difficulty here because I am not aware of the recommendation of the Law Reform Commission. The commencement section reads, as the Senator indicated, in the future tense that the Act "shall come into operation on such day as the Minister may by order appoint". Senator Terry's amendment would replace that with the present tense "The Act comes into operation on such day as the Minister may by order appoint" or as Senator Terry used the expression, the active voice as distinct, I assume, from the passive voice.

I am not clear whether the Law Reform Commission recommendation suggests that the active voice should be used in place of the passive voice. The provision is a standard commencement provision and is the standard wording used and favoured by the Parliamentary Counsel's office. A random survey of ten Acts enacted over the past six years shows that the wording "shall come into operation" is the only wording used in the commencement section of that legislation and I would instance the Bail Act 1997, the Criminal Law Act 1997, the Freedom of Information Act 1997, the Child Trafficking and Pornography Act 1998, the Adoption Act 1998, the Criminal Justice Act 1999, the Illegal Immigrants (Trafficking) Act 2000, the Criminal Justice (Theft and Fraud Offences) Act 2001, the Competition Act 2002 and the Courts and Court Officers Act 2002.

That said, the Senator's point is interesting and there is need for dialogue between the Law Reform Commission and the Parliamentary Counsel's office and for reflection by the office on the recommendations of the Law Reform Commission regarding the use of the active voice. Given the statutory template and phrasing used in previous years I find it difficult to accept the Senator's amendment or to agree with the Law Reform Commission's recommendation in the absence of advice from the Parliamentary Counsel's office.

Comments

No comments

Log in or join to post a public comment.