Seanad debates

Thursday, 12 November 2009

Courts and Court Officers Bill 2009: Committee Stage

 

12:00 pm

Photo of John CurranJohn Curran (Dublin Mid West, Fianna Fail)

Again, I must reject this proposed amendment. If I were to accept the amendment, it would have a limiting effect on the purpose of temporary custody under the Bill. It would limit that purpose to a person's participation in a hearing as a witness only. The intention of the Bill is to ensure flexibility to allow for other reasons for that person's presence in court, such as to observe proceedings, instruct his or her lawyers or even to represent himself or herself in proceedings.

As previously stated, the custody arrangements provided for in the Bill are very limited. They only arise in respect of individuals already in custody, whether that be in the custody of AGS or the Prison Service. Furthermore, they only arise in respect of the purposes detailed in section 7. In other words, temporary custody only arises where a person, who is already in lawful custody, is involved in a court appearance. There is no issue here in relation to infringements of any person's rights or liberty and given that fact, I hope the House will agree it would be unwise to limit the section as proposed in the amendment.

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