Dáil Éireann debate -
Wednesday, 6 Nov 1996

Vol. 471 No. 2

Written Answers. - Review of Criminal Law System.

Liam Lawlor

Question:

158 Mr. Lawlor asked the Minister for Justice if she will respond to the views of the Director of Public Prosecutions to the effect that a root and branch review of the criminal law system should be undertaken, with particular reference to the stringent regulations on admissibility of evidence; if she will initiate an independent review along the lines of those suggested by the Director of Public Prosecutions; and if she will make a statement on the matter. [20540/96]

Minister for Justice (Mrs. Owen)

I have initiated a major programme of reform of the criminal justice system since I became Minister for Justice.

Some of the measures which have taken place under that programme have been designed to deal with urgent specific issues — such as, for example, the Criminal Justice (Drug Trafficking) Act, 1996, which provides for additional powers to deal with drug trafficking. Other measures — such as the Criminal Law Bill and the Criminal Justice (Miscellaneous Provisions) Bill — address some of the existing deficiencies in our criminal law thereby enabling improvements in procedures and the repeal and replacement of outdated provisions. Other legislation being prepared under the programme — on which substantial progress had been made — include "root and branch" reforms in relation to the law on juvenile justice, non-fatal offences against the person, criminal insanity and fraud.

It will be clear that the approach taken in that programme is to tackle as a priority the individual areas of criminal law that are most in need of attention and modernisation and I believe that this is the most effective strategy to ensure that our criminal law is responsive to modern realities.

I understand that the Director of Public Prosecutions in a recent public debate in a university made certain proposals and comments on the admissibility of evidence and other matters. He has not requested me to examine any proposals but if he does so, I will have them examined.

As to an independent review of the criminal justice system, I should mention that, in the context of criminal law reform, I have already available to me the advice of the Law Reform Commission and the Committee on Court Practice and Procedure. In addition, I recently established an Advisory Group on Criminal Law and Procedure whose terms of reference are "To review the existing criminal law and procedure as they currently operate and to advise the Minister on any changes that would enhance the operational efficiency and effectiveness of criminal law and procedure, with emphasis on identified or emerging difficulties susceptible to early resolution through the mechanism of periodic Criminal Justice (Miscellaneous Provisions) Bills".