asked the Minister for Justice if he intends setting up a Criminal Law Reform Commission to examine the whole criminal code in which there are many anomalies; and if he will make a statement on the matter.
26.
Ceisteanna—Questions. Oral Answers. - Criminal Code Examination.
15.
asked the Minister for Justice his views on the establishment of a separate Law Reform Commission to examine urgently the whole criminal code as recommended by the Report of the Committee of Inquiry into the Penal System published in July 1985; and if he will make a statement on the matter.
I propose to take Questions Nos. 15 and 26 together.
I do not propose the establishment of a separate Law Reform Commission for the purpose referred to in the questions. My approach to the need for updating the criminal law is to deal with the matter on a systematic basis affording priority to those areas most in need of review. To attempt a comprehensive review and codification of the entire field of criminal law would necessitate the diversion of resources from such priority areas.
Since assuming office as Minister in March 1987 I think I can justifiably claim a measure of success in bringing forward legislation. In the criminal area, I have introduced a number of important Bills — the Extradition (Amendment) Act, 1987; the Criminal Law (Rape) (Amendment) Bill; the Prevention of Incitement to Racial Hatred Bill; the Firearms and Offensive Weapons Bill and the Criminal Justice (Forensic Evidence) Bill. I hope shortly to be in a position to publish a Larceny Bill and, a little later, a Criminal Damage Bill; a Criminal Evidence Bill and a general Criminal Law Bill to abolish the anachronistic distinction between felonies and misdemeanours.
I think the House will agree that this record is clear evidence of progress on criminal law reform and of the effectiveness of the manner in which it is being tackled.
I think the Minister in his reply is ignoring the reason the Law Reform Commission exists. Would he not agree that the criminal code needs to be brought up to date? He seems to accept that a piecemeal introduction of legislation is satisfactory. The present criminal code has been in existence since the previous century and most of the Acts were introduced by the British Parliament.Would the Minister not agree that the Law Reform Commission could tackle the problem?
While I accept that significant areas of our criminal law require review and updating, the resources that we can devote to law reform are limited. The best way we can use these resources is to target those areas where the need for review and reform is greatest. I should point out that the work is not finished when a commission report and make recommendations for legislation. Further considerable work in my Department and in the draftsman's office has to go into the preparation and drafting of Bills to implement recommendations, again with very limited resources. It has been a problem to keep pace with the demand for new legislation and the Deputy knows that as well as I do.
Is the Minister aware that the Taoiseach gave me an undertaking that he would consider asking the Law Reform Commission to prepare the legislation that they propose? Much of the additional work involved in the proposal put forward by Deputy Carey could be dealt with by the commission, if they agreed to draft the legislation in accordance with their recommendations.
I accept the thrust of what the Deputy has said but he will realise that my Department do not have responsibility for the Law Reform Commission.That is a matter for the Taoiseach's office. The Deputy will be aware that there have been requests, often demands by Members, for speedier action by the commission in dealing with matters they have before them for what they consider to be long periods. Perhaps the Taoiseach, when he has considered the matter, will be able to say whether he has any plans for taking the matter further. If the Law Reform Commission become involved in the drafting of legislation they will have to use their entire resources for that purpose. I cannot speak for the commission except to say that they have an exceptionally heavy workload to deal with. During Question Time today Deputy Noonan, whom I respect for his knowledge in this area and for the part he played as Minister for Justice, urged that a matter he wanted referred to the Law Reform Commission should be dealt with speedily. Any issue sent to the Law Reform Commission for examination can be regarded as one of importance.
I should like to commend the Minister on the amount of legislation he has introduced in the House. He has set a useful precedent for his successors to follow. However, the Minister should consider the benefits of the codification of the criminal law which is spread out all over the place. We had an example of the difficulties encountered because it has not been codified when we dealt with the substitution of community service orders for fines. It appears that a lot of legislation and statutes might have to be amended to change those orders. If the criminal law was codified it would be easier to change it and people would be able to understand the changes involved. The Law Reform Commission will have their work cut out to deal with other areas of law which are crying out for proper amendment and codification.
I do not disagree with the Deputy but I recognise that the commission are stretched to the limit in trying to deal with the work before them. I should like to assure the House that the legal section of my Department have been working flat out for the last 26 months and, with the programme I have laid out for them, will have to work flat out for the next 26 months. I readily accept that a lot of work remains to be done and that the ideal would be to have all laws codified and brought up to date. However, having regard to the difficulties we are facing and our economic problems we cannot do much more. We are doing an excellent job and giving tremendous value to the taxpayers.
The Minister would crown his achievements as Minister for Justice if he undertook to have another look at this. I am sure he would like to follow in the footsteps of his Leader, the Taoiseach, who, as Minister for Justice, attempted to codify the law. The Minister might like to follow his Leader in every way.
How can the Minister resist that charm?
If I got an opportunity of doing as the House suggests I would do so. Nothing would give me greater pleasure than to update our laws. I mentioned some legislation that is in the pipeline and I should like to add to that list the Bill dealing with solicitors. Many matters have to be considered but I have a limited team. They are doing a mighty job of work and the community should be extremely grateful to them. The Law Reform Commission, who are doing great work, will take some time to process the workload before them. I should like to tell Deputy Carey that if we can find ways and means of improving the output we will use them.