Ivana Bacik (Independent)

I disagree with Senator Regan. I am glad to see it is prospective only because there would be constitutional difficulties if it was not so. I am also glad the Minister has confirmed the safeguards that apply to section 8, even though I know we are straying into section 8. These safeguards are welcome and my amendments to section 8 are aimed at trying to clarify the safeguards and ensure that they are watertight.

When he listed the safeguards, he said the person who has been acquitted would be at liberty. We are opposed to section 16 because we are not clear what it means. The section allows the detention of a person who has been acquitted, but in respect of whom there has not yet been an application under section 8. That is like a floating detention power, because there is not any purpose specified for the detention. I may have missed something, but I have discussed this with colleagues and we cannot see the purpose of section 16. Is it to give the Garda power to investigate and interrogate somebody? Or is it simply to enable the Garda to bring an acquitted person before the court for a section 8 application? It is far too broad in the power of detention it provides. It may be unconstitutional, given that it relates to somebody who has been acquitted. It is certainly at odds with what the Minister has just said, namely, that the person in respect of whom the section 8 application has been made will be at liberty. Reading section 8, it appears such a person would be at liberty but section 16 gives a garda power prior to a section 8 application to seek that the District Court judge would authorise arrest and then detain somebody. I would like clarification on this from the Minister, although we may leave it until the debate on section 16. However, it arises in the context of section 8.