Michael McDowell (Dublin South East, Progressive Democrats)

The amendment proposes to ensure any order made under the Criminal Justice Act 1994 prior to the commencement of section 84 is not nullified by amendments made under section 84. Under normal rules of construction, such a provision is not necessary as legislation is generally not retrospective and any order made lawfully under the Act prior to the commencement of the section cannot be altered because it is a court order.

In addition, the provisions of the section amending the 1994 Act do not refer to orders. Most of the proposed amendments deal with terminology and clarification of terms. Subsection (h) clarifies that empowerment under this section of a member of the Garda Síochána to have access to or to take away a document is to be construed as an authorisation to do so. Subsection (e) clarifies that orders under the section may relate to property in an EU member state.

I do not believe the amendment will serve any purpose. Unless the Parliamentary Counsel, after considering the Senator's amendment and reading the debate, believes there is a grey area that needs to be addressed, I do not propose to make the amendment.