Seanad debates

Wednesday, 7 June 2006

2:30 pm

Photo of Paul CoghlanPaul Coghlan (Fine Gael)

I support what Senator White said, along with the comments of Senators Bradford and Norris. It was most unfortunate, and contrary to the tradition and the recent history of this House, that there was a guillotine. Section 5 was the meat of that flawed Bill. It is regrettable that Members were offering and were not listened to in this House last Friday. I am sure the Leader will comment on the matter.

I congratulate the State's legal team on arguing successfully, as the Supreme Court decided, that Mr. A be returned to prison. However, the initial failure in the State's argument, which led to this crisis, needs to be urgently, forensically and transparently investigated, as Senator Bradford said. While I welcome the Taoiseach's admission of failure, if that is what it is, and the fact that he will make an announcement to the other House, we need to hear something about the matter in this Chamber, and this House should debate it too.

Can the Acting Leader tell us how many other cases in the judicial system based on the 1935 Act will be affected? A series of questions arises, of which that is only one. This Government has had nine years to deal with the matter and as Senator Bradford said, we thought that following the Brendan Smyth case, failsafe systems were put in place, which patently failed in the current instance. If, as has been suggested, matters are to be referred to an all-party joint committee, we need a timeframe for that, because we know what can happen when matters go to all-party committees. I call on the Acting Leader, whose comments will be greatly respected, to outline what he knows of the Government's position and to arrange a debate on the matter in this House.

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