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Dáil Éireann debate -
Wednesday, 17 Feb 1993

Vol. 426 No. 2

Written Answers. - Criminal Law Codification.

Máirín Quill

Question:

25 Miss Quill asked the Minister for Justice if she intends to establish the necessary mechanism to facilitate the codification of the criminal law; and if she will make a statement on the matter.

Eamon Gilmore

Question:

30 Mr. Gilmore asked the Minister for Justice if her attention has been drawn to the comments made by a judge (details supplied) in which he criticised the failure of successive Governments to modernise our criminal law, which he described as being in chaos; if she will give details of her response to these comments; the steps, if any, the Government intends to take to address the shortcoming identified by this judge; and if she will make a statement on the matter.

I propose to take Questions Nos. 25 and 30 together.

Codification of the criminal law would certainly be a desirable and worthwhile objective. Our criminal law is to be found in a large number of different statutes, many of them predating the foundation of the State. However, the goal of codification would not be easily achieved because of a number of factors, chief among them being the question of resources, both human and financial. Even if the necessary resources were provided, the task would (on the basis of experience elsewhere) involve 15-20 years work. That is on the basis that codification should be accomplished all in one go, so to speak. But there is another way to approach the problem.

My general attitude and that of the Government in this matter is to tackle as a priority the individual areas of the criminal law that are most in need of attention and modernisation.

Examples of that approach can already be found in the laws which were enacted at the instance of the previous Government to update the criminal law in relation to:

— incitement to hatred

— receiving stolen property

— firearms and offensive weapons

— abolition of the death penalty

— rape and sexual assault

— forensic testing, including DNA profiling

— criminal damage to property

— criminal evidence.

In so far as future action is concerned, I am happy to say that a Criminal Justice Bill dealing with a procedure for the review of unduly lenient sentences, victim impact assessments in sexual offence cases and compensation to victims will be brought forward shortly. The Bill dealing with telephone tapping has just been restored to the Order Paper. In addition, draft Bills are being prepared in my Department in relation to

— fraud and dishonesty
— confiscation of the proceeds of crime
— criminal insanity including diminished responsibility
— suicide and the abolition of the distinction between felonies and misdemeanours and consequential changes in the law in relation to powers of arrest without warrant
— miscarriage of justice
— extradition
— juvenile justice
— public order offences
— homosexual offences.
I should also say that all of these Bills are part of the programme of criminal law reform contained in theProgramme for a Partnership Government 1993-1997.
This is an impressive record by any standard and it reflects the priority which the Government attaches to the development and modernisation of the principal areas of our criminal law. It will be observed that a number of the items which were regarded by the Supreme Court judge referred to in the question as in need of reform viz., criminal insanity, diminished responsibility, the abolition of felonies and misdemeanours and the powers of arrest without warrant are among the matters in respect of which amending legislation is being prepared.
I should also say that the Law Reform Commission are currently in the process of examining the law on offences against the person — another matter of concern to the judge. The Government will act on this report as soon as it is received and considered and this will result in a major step forward in the codification of this old and relatively obscure area of the law.
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