Seanad debates

Thursday, 26 April 2007

Criminal Justice Bill 2007: Second Stage

 

3:00 pm

Photo of Joanna TuffyJoanna Tuffy (Labour)

I wish to speak about the issue of the seven-day detention, which was raised by Deputy Howlin on Report Stage of this Bill in the Dáil. As the time allowed had elapsed, he did not get a chance to elaborate on it. The Irish Human Rights Commission raised the issue in its submission on the Bill and made it one of the four key areas causing concern for human rights. The commission claims that it raises the possibility that Ireland might be in violation of its obligations under the European Convention on Human Rights. The commission stated that it is a most serious curtailment of a person's right to personal liberty which requires real justification. To make the Bill compliant with human rights, the commission suggested there was a need for a mechanism to be established so that when extensions for a period of detention are being sought, the grounds upon which a request is based can be properly explored before adjudication is made by the judge. Has the Minister dealt with that issue? Will there be any attempt to ensure there is a mechanism such as that which I have outlined?

There are many concerns about the length of the period of detention. Deputy Howlin wanted to table an amendment allowing for a 48-hour period of detention, but that was not possible at the time. The Irish Council for Civil Liberties maintain that the existing seven-day detention power in the Criminal Justice (Drug Trafficking) Act 1996 is rarely used. The council quoted from the Council of Europe's committee on the prevention of torture regarding that provision, which stated that prolonged periods of detention of criminal suspects on police premises can lead to high-risk situations. I would like to hear the Minister of State's comments on these issues.

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