Seanad debates

Tuesday, 4 July 2006

Criminal Justice Bill 2004: Report and Final Stages.

 

4:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

Like Senator Cummins, I welcome the passage of this comprehensive Bill, which will have beneficial effects. I am not sure whether it was Senator Henry or Senator Norris who referred to the fact that balancing in the criminal justice system is always a challenge. In this Bill we have seen a rebalancing to the extent that it is necessary, including with regard to witness statements, which if withdrawn can still be taken into account by judges, which is a measure taken from the Canadian model. Changes have also been made with regard to drugs, where a loophole was used in the past, and in the area of organised crime, where provision has been made for an offence of participation in or assisting a criminal gang. All of that is very welcome.

The Bill has been well thought-out. The Minister and his officials deserve great commendation from the House for the hard work that went into the Bill prior to it coming to the House. To be fair, the House has given the Bill a good debate. The Opposition parties tabled constructive amendments and the Minister on this occasion surpassed his own propensity to accept good ideas from wheresoever they come, which is greatly to his credit. He is a Minister with a very good grasp of his brief and the Bill. As an eminent lawyer, one would expect this of him but he also showed a disposition to amend and improve the Bill during the debate, which is to be welcomed.

While we have gone some distance in rebalancing the law, there are many advocates for the human rights of the offenders, which is as it should be. However, we need to further strengthen the human rights of victims and society generally. The Bill is a move in that direction and I would like to think future Bills will take further steps in that direction so an even better balance will be achieved.

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