Seanad debates

Thursday, 23 March 2006

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Report and Final Stages.

 

1:00 pm

Photo of Joanna TuffyJoanna Tuffy (Labour)

I second the amendment. It is unusual that the section allows for the prosecutor to appeal the dismissal of proceedings. I do not know whether this provision is in other legislation but I have not seen it previously. However, I am sure that I have seen similar wording to "an appeal to the High Court on a point of law" in other legislation brought to the House by the Government. Why can these words not be inserted in this Bill? The Minister says that what the amendment intends to provide for is the case anyway but stating that something is not appealable is definitive. If that is the position, why not spell it out?

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