Seanad debates

Tuesday, 14 July 2009

1:00 pm

Photo of Joe O'ReillyJoe O'Reilly (Fine Gael)

I support my colleagues in their absolute and unanimous condemnation of the Government's handling of the debate on the Criminal Justice (Amendment) Bill 2009. This major legislation will make a number of seminal changes in respect of such issues as the inferences that may be drawn from a failure to co-operate in court, Garda testimony and bail. Its implications are enormous. While I acknowledge the need for this legislation, it is of such monumental and ground-breaking proportions in terms of our entire system of jurisprudence that it is criminally wrong for it to be dealt with in this fashion. The Government must stand indicted for trying to rush it through. The fact that the Dáil has risen means no amendments can be made in this House and that the Minister has no intention of accepting amendments. It is clear therefore that this will not be a legislative process, but rather a pantomime or a pageant.

It is wrong to deal with such important legislation in this manner. The Bill proposes to suspend important human liberties, although in a considered fashion because of extraordinary events in extraordinary times. However, the suspension of central civil liberties, which were fought for and achieved over years of evolution towards justice and democracy, cannot be undertaken lightly. The legislation needs days of thought and consideration to tease out and modify the proposals. It is a criminal indictment of our legislative assembly, including this House, that the Government is attempting to deal with this Bill in such a cavalier fashion. We are talking about individual people and we must be very careful before we diminish their liberties and change the entire operation of our courts. Tragically the need is there, but it requires consideration and not in a few hours of debate without amendments.

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