Seanad debates

Tuesday, 8 December 2009

Criminal Procedure Bill 2009: Report and Final Stages

 

6:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

People already acquitted in any serious case to which the proposed legislation would apply would be put in jeopardy if we pass a law facilitating the turning around of their cases. We are saying that once we pass the law and somebody commits an offence for which he is acquitted subsequently, it will then be possible, under this legislation. The Deputy says his measure is not specific but it potentially in every specific case turns over or changes decisions already handed down and that conflicts with Article 38.1 and with the issue of the separation of powers in that we would in effect be intervening. It would be a terrible precedent that would be used subsequently in relation to other legislation; that we can pass a law and in effect override previous decisions, perhaps just in a general way, that had been handed down.

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