Seanad debates

Thursday, 12 November 2009

Courts and Court Officers Bill 2009: Committee Stage

 

12:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I welcome the Bill which facilitates the move to the new criminal courts complex. Most of the provisions deal with the procedures consequent on that move. However, on Second Stage I expressed concerns about Part 2 and the provisions on temporary custody. With regard to the Minister's amendment to the definition of "holding area officer" in section 5, I take the point that much of this is facilitates a transfer of powers. However, given the very extensive powers ascribed to a holding area officer in section 11, I am disappointed that these powers are expressed in very broad terms, for example, to prevent the escape from lawful custody of a person who has been placed in temporary custody, to prevent the commission of an offence and so forth.

Clearly, the holding area officer has extensive powers in practice, yet section 12 does not specify precisely the standards to be employed in the safe keeping of persons. It simply states the Minister may prescribe them. I raised this issue on Second Stage and have tabled an amendment on it. Given what the Minister of State has said and the fact that the holding area officer will, in practice, often be the member in charge, will the Minister of State confirm that the custody regulations which already prescribe a defined role for the member in charge will apply to the person being held in temporary custody, or at least as much of them as is relevant? I am aware that as a large part of the regulations deals with the questioning of persons held in custody pre-charge, that will not arise but other safeguards are provided for such as the provision of food, time to sleep and so forth. Does the Minister of State envisage that these standards will apply to persons held in temporary custody under this legislation, given the very strong link between the holding area officer and the member in charge?

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