Seanad debates

Wednesday, 2 December 2009

Criminal Procedure Bill 2009: Committee Stage (Resumed)

 

1:00 pm

Photo of Eugene ReganEugene Regan (Fine Gael)

I think Senator Bacik is correct. The phraseology is contradictory. The Minister referred to the separation of powers yet in the same sentence we have the courts, the Attorney General and the Director of Public Prosecutions certifying matters. The solution is that if we want to limit appeals to matters of exceptional public importance or if it is desirable in the public interest that such an appeal should be taken, the court should decide on the basis of the submissions of the parties before the court. A wording along these lines would be more appropriate than the either or situation in respect of the acquitted person.

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