Eugene Regan (Fine Gael)

I am very surprised by this amendment. I think of a previous amendment in a Bill we dealt with only last week where a sitting High Court judge is asked to be an advisor to the Taoiseach on matters relating to surveillance. I find this merging of the Judiciary and the Executive inappropriate. This issue should not be politicised. We have had experiences in the past of ministerial interference in the release of prisoners. The law should stand, the penalties apply and the orders of the court complied with, and I do not believe the Minister should mess around in this area.

I certainly do not believe the Minister may, "if he or she considers it appropriate and proper in all the circumstances consult with the judge who made the order for imprisonment of the person". I find that fundamentally flawed and unconstitutional and it is in conflict with the separation of powers. If there are extenuating circumstances in an individual case there can be procedures whereby an individual can obtain some redress, but this is not the procedure. It is extraordinary that a Minister should consult with a judge as to the order he or she has made for imprisonment of a person and negotiate with the judge as to whether the person should be released. It is perverse and absurd.