Seanad debates

Tuesday, 28 November 2006

Prisons Bill 2006: Committee Stage

 

4:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

It is important that such bodies be seen to be independent and quasi-judicial and that persons sitting on them be such that one might expect of them an understanding of the law regarding the European Convention on Human Rights, fair procedures, natural justice, constitutional principles and so on. Such concepts are valuable in this context. I would not like to say too much about former chaplains, but if they are still men or women of the cloth, the notion that they should act as tribunals is not attractive. I make that point for the Senators to consider. It would be embarrassing for a priest, nun or other member of the clergy to be asked to sit in judgment regarding forfeitures and so on. I would not be keen on that.

If I had proposed that former governors should hear appeals from serving counterparts I would have been shot down fairly rapidly. Perhaps when the Opposition comes up with an idea it has a different connotation. However, if I had suggested that the outcome of an independent appeal should rely on a former governor's decision on a matter concerning a serving counterpart, the men in white coats would have been sent after me.

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