Seanad debates

Wednesday, 2 December 2009

Criminal Procedure Bill 2009: Committee Stage (Resumed)

 

1:00 pm

Photo of Eugene ReganEugene Regan (Fine Gael)

I thank the Minister for his explanation, but I am not entirely convinced. One could argue that the principle of double jeopardy which I classify as a common law right has been used and referred to in various judgments of the courts and has, at times, been invoked as a constitutional right. In this legislation we are interfering with that principle. Therefore, retrospection would not create new criminal offences or interfere with the notion of a fair trial. I have not brought forward an amendment on this issue and do not, therefore, propose to prolong the debate. However, I reserve my position on the issue before Report Stage.

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