Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Of the second group of amendments, amendment No. 2 is a technical amendment relating to warrants issued by courts in Dublin for the committal of persons to prison. It arises from an issue that has emerged in very recent High Court proceedings. Outside of the Dublin district, warrants are addressed to An Garda Síochána in accordance with very old legislation. However, the District Court rules permit committal warrants in Dublin to be addressed directly to the governor of the prison to which a person is to be committed. The courts have operated on this basis for a very long time. In a recent judgment, a judge of the High Court expressed the view that the relevant provision of the District Court rules may be inconsistent with this very early Act. It opens up the prospect of uncertainty at least in the legal provision, and it is appropriate to amend the relevant legislation to make it clear that the arrangements made for Dublin and the rules of court are permitted. Amendment No. 2 proposes to insert a new section amending an 1851 Act. The effect of the amendment is to declare that a committal warrant issued by the District Court in Dublin can be addressed to the governor of a prison. This is the position that has been taken to apply in Dublin for many years.

On amendment No. 4, because the new section to the Bill will broaden the scope of the Bill as published, I have had to amend the Long Title.