Seanad debates

Wednesday, 21 September 2011

Reporting of Lobbying in Criminal Legal Cases Bill 2011: Second Stage

 

4:00 pm

Photo of David NorrisDavid Norris (Independent)

I accept the correction. I was responding to what was said. I am very grateful to Senator Bradford for making that point, because I would not wish to be unjust. I thank him for making that clear.

The principle of openness is extremely important. We are accountable. I wish to God that this legislation, or something like it, had been published and passed by the Houses of the Oireachtas ten, 20 or 30 years ago. I wish that was the case because it protects all of us. Everybody in both Houses is protected if this measure is passed and I hope it is. However, I would like the opportunity to be able to lobby outside this country. We have all heard of the case of the man about to be executed in Georgia. Perhaps he has already been executed today. Nine witnesses say his execution is a miscarriage of justice. We know that a number of people have been electrocuted in the United States of America despite the fact that they were subsequently shown to be innocent. Lobbying in such cases should be possible, but everybody should know about it and there should be a clear record of the lobbying.

Everybody knows it is wrong to influence the Judiciary in the course of a trial. However, there should be some room for open, clear and accountable lobbying by people who know the character of a person. They should get the opportunity to put their knowledge of the character on the record so that it can be taken into account. That should be just one other item in the case. I do not share the suspicion of the Judiciary. I believe we have a good Judiciary, whose members come from all parties and have been appointed by all parties. By and large they do a good job and are able to sort out the issues. I have great respect for the Judiciary. If the Government does not like this Bill, will it provide a timescale for amending it or for introducing such legislation to protect us? I would give that legislation a hearty welcome.

With regard to lobbying in foreign jurisdictions, such lobbying should be open and accountable. In the case of the man in Georgia, I would like to have been able to write on that because I feel it is terrible to kill a person, particularly when there is any doubt. A great authority, Professor William Schabas, has indicated that when somebody writes to another court, there is no question of infringing the separation of powers. There have been cases in which, for example, the attorneys general of certain countries have written letters. The Swedish Foreign Minister has written these kinds of letters. As far as I am concerned, it is all right to write them as long as they are written openly. Let this be the case.

I listened with great respect to what was said on all sides of the House and I feel there is clear agreement that something needs to be done. The Government may remain immobile and it appears it will reject this Bill. There will be a vote on the Bill and I will vote for it. If it has flaws, let the Government amend it. Otherwise, I urge it to please introduce legislation now that will protect all of us and the good name of the Oireachtas and each individual Member. I had some questions and put them to Professor Crown earlier today and he satisfied me on them. I did not know, for example, why the Luas or An Post was involved, but now I understand. I am sure he has explained that here. His responses showed that something that did not occur to me and which I did not understand has a logical, clear, rational and legal explanation. Far from this Bill being a rushed and sloppy piece of work, it is extraordinarily fine. I congratulate the Senator who is a new Member of the House on having the initiative to introduce legislation on such a serious matter in such a considered way, one that can only benefit the respect the public feels for the Oireachtas.

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