Seanad debates

Tuesday, 8 December 2009

Criminal Procedure Bill 2009: Report and Final Stages

 

4:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

As I indicated on Committee Stage, I am amending the references in the Bill to the word "broadcast" to ensure the term has the same meaning as that used in the Broadcasting Act 2009. According to that Act the term is to be interpreted as follows:

"broadcast" means the transmission, relaying or distribution by electronic communications network of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;

This is a comprehensive definition that includes electronic transmissions. I believe Senators will agree we should seek uniformity and consistency in the meaning of these issues and that definitions should reflect advances in technology. The term arises in this Bill in two circumstances. The first instance relates to the victim impact statement, which may contain material that is not appropriate to such a statement. The Bill enables the court to make an order restricting publication or broadcast of the offending material. The second instance relates to restrictions the court may impose on the publication or broadcasting of details relating to the granting of retrial orders. It is part of the safeguards surrounding those orders and is designed to prevent any prejudice to the subject of the order especially in the course of a retrial.

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