Seanad debates

Thursday, 3 February 2005

Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage.

 

11:00 am

Photo of Maurice CumminsMaurice Cummins (Fine Gael)

I move amendment No. 1:

In page 7, before section 3, to insert the following new section:

"3.—(1) This Act shall, subject to subsection (2), expire as and from the 31st day of December 2010, unless a resolution has been passed by each House of the Oireachtas resolving that the Act should continue in operation.

(2) A section referred to in subsection (1) may be continued in operation from time to time by a resolution passed by each House of the Oireachtas before its expiry for such period as may be specified in the resolutions.

(3) Before a resolution under this section in relation to a section specified in subsection (1) is passed by either House of the Oireachtas, the Minister for Justice, Equality and Law Reform shall prepare a report, and shall cause a copy of it to be laid before that House, of the operation of the section during the period beginning on the passing of this Act or, as may be appropriate, the date of the latest previous report under this subsection in relation to that section and ending not later than 21 days before the date of the moving of the resolution in that House.

(4) For the avoidance of doubt, any enactment the amendment of which is effected by a section of this Act that ceases to be in operation on and from the day referred to in subsection (1) or, as the case may be, the expiry of the period for which it is continued in operation under subsection (2) ('the expiry') shall, as and from that day or, as the case may be, the expiry, apply and have effect as it applied and had effect immediately before the passing of this Act but subject to any amendments made by any other Act of the Oireachtas after such passing."

On Second Stage last week, I spoke about the need for a review of this legislation. The amendment I have moved proposes that it should be reviewed in 2010. The Bill is emergency legislation, in effect, and I ask that it be dealt with as such. It should be reviewed in 2010. I had hoped that the Minister would have come up with an amendment in this regard after discussing the matter on Second Stage. The legislation deserves to be re-examined. The year 2010 should be an acceptable date for such a review.

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