Vol. 483 No. 6
72 Mr. O'Shea asked the Minister for Justice, Equality and Law Reform the communications, if any, there is between his Department and representatives of the Garda in relation to new Acts of the Oireachtas, or other legislation passed by the Oireachtas, that have implications for the functions undertaken by the Garda and other agencies; and if he will make a statement on the matter. [21221/97]
389 Mr. Spring asked the Minister for Justice, Equality and Law Reform the reforms, if any, he will undertake in the operation of his Department to ensure that future reforms stemming from Acts of the Oireachtas or other legislative instruments of the body of criminal justice legislation are made known to those who operate under this legislation in order that they are fully aware of these changes; and if he will make a statement on the matter. [21213/97]
I propose to take Questions Nos. 72 and 389 together.
My Department communicates with the Garda authorities on the enactment of relevant legislation in the area for which I have responsibility. Such communications would generally follow consultation with the Garda on the preparation of the legislation in question and its passage through the Oireachtas.
In relation to changes in the manner of notifying reforms of the criminal law to bodies who operate under the legislation, I refer to the statement which I made in the House on 25 November. In that statement I acknowledged that there was substance to the point that the level of criminal law reform has been such that it is difficult for people who have to operate it to keep fully abreast of all developments.
Once legislation is enacted it is a matter for the courts to interpret it and for that reason there has been a reluctance on the part of my Department to take any action in relation to explaining the effects of that legislation. There is undoubtedly a difficulty in that regard. If an attempt were made by my Department, or indeed any other Department, to interpret the law for the Judiciary, it would rightly be condemned, but I have instructed my Department to examine what usefully might be done in this regard. That examination is now under way and will involve consultation with the Judiciary, branches of the legal profession and the Garda Commissioner.
