Seanad debates

Thursday, 12 November 2009

Courts and Court Officers Bill 2009: Committee Stage

 

12:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I move amendment No. 6:

In page 7, line 1, after "prescribe" to insert the following:

", in accordance with the standards already provided for in respect of persons held lawfully in Garda custody or under the Prison Rules 2007 (S.I. No. 252 of 2007)".

The intent behind this amendment is clear and I indicated on Second Stage that I would be introducing it. The amendment relates to the standards to be prescribed by the Minister for the safekeeping of persons who are held in temporary custody. On Second Stage, I inquired as to the type of regulations it is envisaged will apply. Given that standards are already provided in both the prison rules and the custody regulations, would it be possible that we might have some indication that these will be the standards to which the Minister for Justice, Equality and Law Reform will have reference when prescribing what will, I presume, be a new set of regulations in respect of those in temporary custody?

In order to assist the Minister in developing the regulations to provide for standards in respect of persons held in temporary custody, it is suggested in the amendment that the phrase "in accordance with the standards already provided for" be used. This would mean there would be no diminution of the standards provided for in respect of persons held lawfully in Garda custody already. As stated earlier, however, it is clear there will be large sections of both sets of regulations which will not be relevant in respect of someone held in temporary custody. However, reference should still be made to the criteria to which the Minister for Justice, Equality and Law Reform will refer in setting these new standards.

Perhaps the Minister of State is in a position to indicate whether new regulations will be prescribed under section 12. If they are to be prescribed, I do not understand why the amendment could not be accepted, particularly as it merely sets out that such regulations would have to be developed in accordance with existing standards.

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