Seanad debates

Thursday, 29 April 2004

Transfer of Execution of Sentences Bill 2003: Committee Stage.

 

12:00 pm

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

Whether it is retrospective or prospective after the enactment of the Bill, the High Court has an inherent power in the exercise of its functions to determine the substantial justice or injustice of any application before it. The Senator has raised an interesting point and I am prepared to have the issue examined. I am not prepared to accept it at this stage but I shall bring to the Minister's attention the view expressed on the retrospection issue so the matter can be reviewed prior to Report Stage.

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