Written answers

Tuesday, 4 March 2008

Department of Justice, Equality and Law Reform

Proposed Legislation

9:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 171: To ask the Minister for Justice, Equality and Law Reform the progress made in the talks between his Department and representatives of the judiciary regarding the introduction of a judicial council; when he expects that the Judicial Council Bill will be published and enacted; and if he will make a statement on the matter. [8982/08]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 477: To ask the Minister for Justice, Equality and Law Reform if he will resolve an issue (details supplied). [8832/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 171 and 477 together.

I refer the Deputies to my answer to Parliamentary Question number 224 of 31 January 2008. The position remains the same.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 173: To ask the Minister for Justice, Equality and Law Reform his plans to review the Criminal Justice (Public Order) Act 1994; and if he will make a statement on the matter. [8951/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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At the time of its enactment, the Criminal Justice (Public Order) Act 1994 represented a very substantial modernisation of the law as it then stood. The Act has operated very satisfactorily and I have no plans for a fundamental review of its provisions. However, as one would expect in an area of law such as this, it has been necessary to amend it on several occasions since its enactment. I set out the main amendments below.

Section 24 of the Housing (Miscellaneous Provisions) Act 2002 inserted Part 2A into the 1994 Act: it provided for offences relating to entering and occupying land without consent.

Section 3 of the Criminal Justice (Public Order) Act 2003 built upon the 1994 Act by providing for exclusion orders which would allow the District Court to prohibit a person, upon conviction of an offence under Sections 4, 5, 6, 7, 8 or 9 of the Act of 1994, from entering or being in the vicinity of specified catering premises between such times, and during such a period as the Court may specify.

Section 184 of the Criminal Justice Act 2006 provided for two new sections, 23A and 23B, to be inserted into the 1994 Act which provide for a fixed penalty procedure in relation to offences under sections 4 and 5 of the 1994 Act, as an alternative to proceedings being taken in the first instance.

Section 185 of the Criminal Justice Act 2006 amended Section 19 of the 1994 Act to make it an offence to assault or threaten to assault or to impede medical personnel in a hospital, people assisting such personnel or a peace officer acting in the course of duty. It also expanded the definition of 'peace officer' to include fire brigade and ambulance staff.

I am currently examining the judgement of the High Court in the case of Niall Dillon-v-DPP, a case relating to begging. It may be necessary to deal with that judgement by way of an amendment to the 1994 Act. I expect to be in a position to make an announcement about that shortly.

The Deputy will also be aware that the Criminal Law Codification Advisory Committee was established last year under Part 14 of the Criminal Justice Act 2006 to oversee the development of a programme for the codification of the criminal law. The Committee proposes to include public order offences in the first code instrument to be prepared as part of its work programme for the period 2008 to 2009. The Committee expects to examine the 1994 Act in that context.

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