Written answers

Thursday, 8 June 2006

Department of Justice, Equality and Law Reform

Proposed Legislation

5:00 pm

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 16: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the recent warning from the Chief Justice over the introduction of hastily prepared legislation; his views on the warning from the Chief Justice; if he intends to take the advice of the Chief Justice in regard to legislation emanating from his Department; and if he will make a statement on the matter. [22150/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I can inform the Deputy that I share the view expressed by the Chief Justice in April last that hastily-prepared legislation can sometimes lead to difficulties, among them the fact adverted to by the Chief Justice on the same occasion that it may be necessary for the Courts to interpret such legislation.

It is one of the aims of the process of developing legislation within my Department in consultation with the Attorney General's Office and the Office of Parliamentary Counsel to the Government to ensure to the greatest extent possible that Bills promoted by the Minister before the Oireachtas are drafted painstakingly so as to avoid such difficulties. It is also the case, however, that circumstances can arise, including court decisions, that require the Government and the Oireachtas to respond legislatively as a matter of urgency — as for instance in passing the Criminal Law (Sexual Offences) Act 2006 and the Immigration Act 2004. These circumstances are the exception rather than the rule, and I think the Deputy would agree that the process under which legislation is normally passed by both Houses has served its purpose well.

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