Seanad debates
Wednesday, 2 December 2009
Criminal Procedure Bill 2009: Committee Stage (Resumed)
1:00 pm
Ivana Bacik (Independent)
I have spoken on section 8. I welcome the safeguards and the fact the section will only operate prospectively. My amendments were designed to ensure the safeguards were watertight for the person acquitted in respect of section 8 applications and I intend to press the second amendment on Report Stage. I ask the Minister for clarification of the relationship between sections 8, 9, 16 and 23 which clearly provide for a power of detention, or so it seems, in advance of these applications being made to the courts. It is a retrospective power of detention of an acquitted person. The Minister may prefer to leave this issue aside until we deal with section 16. I have given notice that I oppose that section. I am happy if that is how the Minister wants to deal with the matter. Given that it was he who raised the issue of a person being at liberty during the section 8 application process, I thought I should raise it here.
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