Seanad debates

Monday, 3 July 2006

Criminal Justice Bill 2004: Committee Stage.

 

8:00 pm

Derek McDowell (Labour)

I appreciate that. It would be strange to decide that a person who is at liberty and not in prison is under house arrest and cannot leave his or her home. Would such a person be allowed to go to a religious service or to a doctor? If the person is living alone, will he or she be allowed to leave the house to get some food? Will such people have to rely on others to come to their homes in such circumstances? It is a question of judgment.

I did not want to risk the possibility of having the section being regarded as unconstitutional for allowing for a form of house arrest. Twelve hours is not a magical number. Twenty four hours, on the other hand, would raise significant issues as to whether it was equivalent to house arrest and would carry with it many implications. I must bring public opinion along with me on this issue. I would not be able to do so if I introduced a provision where an individual was confined to his or her house, 24 hours a day.

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