Sheila Terry (Fine Gael)

I move amendment No. 6:

In page 18, between lines 33 and 34, to insert the following new paragraph:

"(c) paragraph (b) will continue in force for 2 years or such extended period (in any event, not exceeding 5 years) as may be prescribed by regulations made jointly by the Minister for Social and Family Affairs and the Minister for Justice, Equality and Law Reform.".

There is a well-established practice in law that is enshrined in section 10(4) of the Petty Sessions (Ireland) Act 1851 that prosecutions must be taken within six months of an offence. Section 17 extends the period within which a prosecution may be taken and section 17(b) allows for a prosecution to be taken up to 18 months after the Minister decides he or she has enough evidence to proceed. This could be three years or ten years later, which is too open ended and if acted on, could encounter constitutional difficulties.

There must come a point where the Minister either decides he or she has sufficient evidence and proceeds or he or she does not and drops the matter. I am opposed to the idea that we allow such a broad and open measure to be enacted. The Minister will probably not agree to the section's deletion, but as a reasonable compromise and with an eye to the Constitution, the Minister should agree to my amendment which restricts section 17(b) so it will operate for two years only, with the possibility of extending it to five years.