Seanad debates

Thursday, 8 April 2004

Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed).

 

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

Section 20 permits me to commence the Act, while section 9, by contrast, permits me to appoint an establishment day for the purpose of section 10. How can we have a situation in which I would be obliged to come before the House and have the establishment day and the commencement revoked? I do not think it would be a good idea to provide for the possibility of my commencing this Act and then being told 21 days later that I cannot commence the Act — that the process has juddered to a halt. Not every order under a statute must be laid before the Houses of the Oireachtas for approval.

As regards Senator Tuffy's reasonable point that I should be accountable to the House for the manner in which, for example, I designate centres under section 2(1), I will be fully accountable. I will be answerable to the Oireachtas in this regard. Anyone who is dissatisfied with the way in which I am carrying out that function will be able to find out what I am doing through a parliamentary question and censure me or put down a motion of no confidence during Private Members' Business. I do not think accountability requires me to constantly lay orders before the Houses about the premises that will be designated centres.

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