Seanad debates

Tuesday, 15 November 2016

Criminal Justice (Suspended Sentences of Imprisonment) Bill 2016: Second Stage

 

2:30 pm

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

I also welcome the Minister to the House. She held the position of Leader of the Opposition prior to her entering Dáil Éireann and the heights of ministerial power. She brought much to this House and is bringing a lot to it as regular visitor. This legislation is simply a technical amendment that is necessary as a result of Mr. Justice Moriarty's ruling in the High Court this summer. In respect of what he identified as a difficulty in the legislation, when it is analysed in the cold light of day, it makes absolute sense. Natural justice needs to and will prevail and the constitutional issues highlighted in the court case will be dealt with when this technical Bill, or Bill of a technical nature, which is probably the best way to put it, passes through the Houses. I do not think we even need to debate it because all of us are agreed that this is necessary. If anybody on a suspended sentence is charged with a further crime, natural justice must prevail and the option of appealing must be available. This should not interfere with the issue of the suspension of a sentence until such time as due process has been "maxed out" as such.

We have a duty to adopt this legislation. I commend Senator Horkan, my old college friend, and his adviser in justice matters, Senator Clifford-Lee, for seeing the sense in this and not even engaging in debate because it does not warrant debate. It makes absolute sense. With that, I have nothing further to say except to again welcome the Minister to the House. I hope we will not delay her here because she has a tremendously busy schedule.

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