Seanad debates

Tuesday, 13 July 2010

Criminal Procedure Bill 2009 [Seanad Bill amended by the Dáil]: Report and Final Stages

 

4:00 pm

Photo of Lisa McDonaldLisa McDonald (Fianna Fail)

I thank the Minister and the officials at the Department for giving of their time on the Bill. It is clear they have put a lot of work into the Bill which makes radical procedural changes to our criminal law. The rule against double jeopardy, as Senator Bacik stated, has been in place for a very long time. The exceptions provided for in the Bill give teeth to the Director of Public Prosecutions, in particular, to retry cases where incontrovertible evidence appears at a later date. We all know stories and the folklore, that people felt X had got away with an offence and was laughing in the face of the law as a result.

This legislation gives teeth to the Director of Public Prosecutions and the courts, to look at those instances again, give justice and tip it back towards the victim. It is a vital, delicate tipping balance that will be used sparingly.

The fact that it also includes persons awaiting trial is an important amendment to those who are worried about certain pieces of evidence not being within grasp at this point in time. I appreciate very much that we could not bring it back to a historical level and include persons who had already been tried because the principle of legal certainty is such a significant principle to have and hold dear in a democracy. At the same time, a good balance has been found in this legislation without thwarting that principle of legal certainty.

My party looks forward to the Bill being enacted and to the strengthening of the criminal procedures as a result. I thank the Minister for his time. I also thank him for the comments he made in respect of the relevance and benefit of this House which, I note, were welcomed by my colleague across the floor.

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