Seanad debates

Thursday, 1 July 2004

Water Services Bill 2003: Report and Final Stages.

 

11:00 am

Photo of James BannonJames Bannon (Fine Gael)

I move amendment No. 4:

In page 18, line 50, to delete "five" and substitute "three".

I spoke on this in detail the last day. The Petty Sessions (Ireland) Act 1851 requires prosecutions to be taken within a six month period. It is common for legislation to extend this to one or perhaps even two years. To extend it to five years is exceptional and I do not believe that it is warranted in this case. I plead with the Minister to take this point on board. If people are to be prosecuted, they have an entitlement to put their best case forward. When the evidence is up to five years old, that appears to be unacceptable. If six months is the benchmark, as laid down in the Act of 1851, then we should not divert from that by any more than three years. That is why I propose this amendment and I ask the Minister of State to consider it.

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