Seanad debates

Tuesday, 4 July 2006

Criminal Justice Bill 2004: Report and Final Stages.

 

3:00 pm

Photo of Brian HayesBrian Hayes (Fine Gael)

I second the amendment. If I recall correctly, the Minister stated yesterday that when paragraph (f), "any other place whatsoever", was used, it would refer to paragraphs (a) to (e), and in the courts a lawyer could argue that paragraphs (a) to (e) would only be a reference point in terms of "any other place whatsoever", and would not mean anywhere outside of those areas. I think the Minister said the Supreme Court had ruled to that effect.

Senator Cummins's aim is to provide clarity such that "any other place whatsoever" would include other places that were not referred to in paragraphs (a) to (e). The extent of leaving this out would mean that all of those areas referred to would be just those areas. For the sake of clarity it would be preferable to have a more all-embracing term included at the end, even in the context of case law that already exists.

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