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)

I do not propose to accept this amendment. The Minister must be able to apply to the High Court at any time even after the warrant is issued or executed, if he becomes aware of information that would justify him going back to the court to seek a variation to the warrant. This amendment would limit the Minister's discretion in that regard. I do not propose to hold Senator Terry personally culpable for this amendment — no doubt she is acting on what I would characterise as unsound legal advice. I ask her to consider some of the difficulties we might have to encounter in this House with regard to the execution of a warrant in the near future.

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