Dáil Éireann debate -
Thursday, 26 Nov 1998

Vol. 497 No. 4

Written Answers - Criminal Law Reform.

Pat Rabbitte

Question:

29 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if he will publish the report of the expert group established to recommend changes in the criminal law arising from the SMI report on the Garda in view of the fact that sections of the report have been widely leaked; the proposals, if any, he will bring to Government based on the recommendations; the reason significant changes to the rights of persons in custody are justified, particularly against the background of falling crime figures; and if he will make a statement on the matter. [25080/98]

Emmet Stagg

Question:

31 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if he will publish the Leahy report in view of the important proposals it is reported to contain; and if he will make a statement on the matter. [25169/98]

John Gormley

Question:

138 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if it is his intention to give priority in his Department to legislation arising from the recommendations of the expert group chaired by Mr. Leahy S.C. over and above the enactment of legislation to create a human rights commission; and if he will make a statement on the matter. [24378/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 29, 31 and 138 together.

Earlier this year I appointed an expert group under the distinguished chairmanship of Mr. Eamon Leahy, S.C., to consider changes in the criminal law recommended in the report of the steering group on the efficiency and effectiveness of the Garda Síochána with particular reference to the constitutional and European Convention on Human Rights implications and having regard to the critical balance referred to in the report between the rights of the individual and that of the common good. The group's report was submitted to me last July and I would like to take this opportunity to pay tribute to all members of the group for the excellent work which they have done.

Earlier this week I submitted the text of the report to Government asking it to note it and indicating my intention to submit legislative proposals in relation to the matters contained in the report as soon as possible when my consideration of the report was completed. Obviously in advance of that process I cannot give the House details of the precise approach which the Government will take to these matters.

Yesterday I arranged for a copy of the report to be laid before the Houses of the Oireachtas together with a summary, prepared in my Department, of the recommendations which it contains. I also arranged to provide copies of this documentation to the Opposition spokespersons on Justice as well as other Deputies who have put questions down about this matter in recent days. The report was also circulated to the media and copies of it are available from my Department. It is also being placed on my Department's website.

While it is the case that I will accord priority to the drafting of legislative proposals arising from the report, the House will appreciate that this represents just one component of the major programme of law reform which is under way in my Department at present. In these circumstances there is no question of this proposed measure having adverse implications for the Human Rights Commission Bill or,vice-versa.

I might mention also that while it is the case, particularly as a result of the policies which the Government has been successfully pursuing, that the crime rate is falling, there are clearly no grounds for complacency in this regard. In this context I can assure the House that the Government will continue to bring forward legislative measures which it regards as balanced and appropriate in the fight against crime.