Seanad debates

Wednesday, 24 October 2007

Criminal Procedure (Amendment) Bill 2007: Second and Subsequent Stages

 

7:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

I support the Bill. As this is the first opportunity I have had to address the Minister, Deputy Brian Lenihan, since his appointment to the Cabinet, I wish him well in his new post. I have known him for more than 20 years and I am delighted he has been appointed as Minister for Justice, Equality and Law Reform. In this day and age, the portfolio comprises an onerous, difficult and sometimes unenviable task. I have no doubt, however, that he has both the calibre and experience to deal with it. In my former role as Chairman of the All-Party Committee on the Constitution, the Minister was my predecessor and we worked closely together on many issues. I always knew he would rise to Cabinet office and I am delighted for him. I wish him and his family good luck. Although it can be a difficult job, I have no doubt that he will carry out his functions with aplomb. I have great faith that he will do an excellent job in that Department.

The Bill seeks to rectify an oversight caused by the enactment of the Prisons Bill which brought about this error. For example, if a judge at Schull District Court tomorrow decided to imprison a young man from Dublin or the midlands on a serious charge and there was nobody there to act for him and fix recognisances, he could end up in Cork Prison over the long weekend. It may be decided on Friday that the man was entitled to get out, but if the prison governor or another member of the prison staff could not act because of this anomaly, he would remain in prison until Tuesday. That is a simple example because a District Court judge would not be sitting over the weekend or on a bank holiday Monday. If the matter were quite serious, they would sit, but that creates all sorts of anomalies and difficulties.

I fully understand what has happened and I support this amending legislation. I appreciate that my colleague Senator Regan also supports the Bill. All parties in the Lower House also realised that this was an error which has done no damage. I commend the Courts Service which picked up on this matter and brought it to the Minister's attention. The Courts Service is a relatively new phenomenon but in this case it has succeeded in bringing the issue to light. It may be a minor issue but it has major practical implications. I fully support the Bill which I hope will attract support across the floor of the House.

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