Seanad debates

Monday, 7 December 2015

International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages

 

1:00 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I thought I might have got a further response on the other amendments but if the Minister of State does not want to respond, that is his prerogative. In amendment No. 51, we suggest removing “, and any other necessary modifications” to provide clarity to applicants and ensure legal certainty. Article 38 of the Constitution provides that "No person shall be tried on any criminal charge save in due course of law." A person charged with an offence is entitled to certainty about the law and may only be charged with offences existing at the time of his arrest. Section 20(10), as formulated in the Bill, is vague and uncertain, denying an applicant his or entitlements under the law. It is also incompatible with the principle of the rule of law which presupposes that those who are affected by a law should be able to ascertain its meaning and effect.

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