Seanad debates
Wednesday, 21 September 2011
Reporting of Lobbying in Criminal Legal Cases Bill 2011: Second Stage
4:00 pm
John Crown (Independent)
I thank almost the entire Government for attending the debate. My mother would be proud that so many distinguished Ministers attended. I also thank my colleagues for the courteous way in which the debate has been conducted and, in particular, the Minister of State, Deputy Lynch, and her officials for a detailed and vigorous defence of their position and critique of the Bill. I am grateful to my colleagues in opposition who were defensive of my psyche and I reassure them I will not seek counselling following the debate.
I am troubled because there is a disconnect from reality. The clear implication of the Government's response to my proposed legislation is that there currently exists a clear wall of separation between Parliament, on the one hand, and the Judiciary and the police, on the other. It was stated that this legislation would facilitate, legitimise and legalise a practice which is not only currently illegal but which is not currently occurring, a practice which, were this legislation to pass, would apparently become commonplace with a nightmare scenario of several hundred thousand potential interventions being made per year. This alleged wall of silence or Berlin Wall-like edifice is a pile of rubble because it is apparent to anybody who reads a newspaper that interference in one form or another occurs. It may be as gentle as a well noted character reference provided for someone who is wholly unknown to the parliamentarian in question but who happens to be a constituent. If such lobbying is illegal and is in danger of being rendered legal by my humble legislation, for which I would like to thank Shane Kenneally who did Trojan research in facilitating it quickly, where are the people in prison? It is a matter of common record that a former Taoiseach, two former Ministers, a current Minister and multiple parliamentarians have made interventions in the sentencing process or in regard to the duration of custodial sentences on behalf of people who had gone through the process. If it is illegal and we do not need to fix it, where are the prisoners? I would like to see these cases and criminal records and I would be prepared to visit those former and current parliamentarians to tell them that I did not know they had been locked up.
There may well be technical inconsistencies between this legislation and legislation on the Statute Book. I do not believe the Bill is unconstitutional, although I do not claim to be a constitutional lawyer. However, an important and bad message could be sent from the House. At a time of unprecedented scrutiny of the way politics is conducted in Ireland and when there is a widespread opinion that it is rife with patronage and clientelism, an attempt to block this legislation will be seen as an attempt to defend the status quo, which has failed. That is why I am pressing for the House to proceed with the legislation and I earnestly seek the support of my colleagues on all sides in attempting to see it advance.
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