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Dáil Éireann debate -
Tuesday, 2 Dec 1997

Vol. 483 No. 6

Written Answers. - Review of Legislation.

Brian O'Shea

Question:

394 Mr. O'Shea asked the Minister for Justice, Equality and Law Reform whether he will introduce measures to review the body of criminal legislation in order to identify technicalities that have been, or could be, exploited by those intending to frustrate the work of the Garda and other agencies; and if he will make a statement on the matter. [21220/97]

The Deputy will appreciate that the Garda operate under legislation enacted by the Oireachtas which falls to be interpreted by the courts. Obviously in reality it is not possible for the Oireachtas — or indeed any other body — to foresee every circumstance which might arise and it is inevitable that all legislation in the criminal justice area will be rigorously tested in the courts. In these circumstances there is no process whereby legislation can be completely proofed against having consequences which cannot be foreseen or interpretations put upon it which were not obvious at the time of its enactment. While I appreciate that the term "technicalities" is used as a form of shorthand it has no precise meaning in the context of the examination of particular legislative provisions.

Nevertheless I do, of course, accept that whatever measures are possible should be taken to attempt to ensure that weaknesses or potential weaknesses in legislation which come to light are remedied as soon as possible. In this context I have been considering proposals which would allow for a regular forum to take place of people involved in the preparation and operation of the criminal law whereby weaknesses or potential weaknesses can be identified and remedial action taken. I hope to have proposals in this regard finalised shortly.

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