Seanad Éireann debate -
Wednesday, 20 Jul 1960

Vol. 52 No. 20

Criminal Justice Bill, 1960—Message from Dáil.

An Cathaoirleach

Tá Dáil Éireann tar éis aontú le leasú 1 a rinne Seanad Éireann ar an mBille um Dhlínse Choiriúil, 1960, leis an mbreisiú seo a leanas:—

"In section 9, lines 35 and 36, ‘, provided the person consents,' deleted."

leanar mian aontú Sheanad Éireann a fháil; tá sí tar éis aontú le leasú 2.

Dáil Éireann has agreed to amendment 1 made by Seanad Éireann to the Criminal Justice Bill, 1960, with the following addition:—

"In section 9, lines 35 and 36, ‘, provided the person consents,' deleted."

to which the agreement of Seanad Éireann is desired; it has agreed to amendment 2.

Tomás Ó Maoláin

I move:—

"That Seanad Éireann do agree to the addition made by Dáil Éireann to Amendment 1 made by Seanad Éireann to the Criminal Justice Bill, 1960."

Minister for Justice (Mr. Traynor)

When this section was remitted by the Seanad back to the Dáil in its amended form, Deputy Dillon suggested that it would be an improvement if the words "provided the person consents" were deleted. He suggested that it should not be left to persons of 16 to 21 years, particularly youths, to decide for themselves that they would go to prison in preference to going to an institution. He suggested that the decision in such matters should be left to the discretion of the court. There was a fair amount of substance in that point. On the other hand, what I had in mind, in having these words in the section in the first instance, was that the courts would have a discretion in sending girls to a convent—which would be an institution approved by the Minister for Justice—provided that the girl's consent was forthcoming.

On balance, I feel that the words can be deleted. I am satisfied that the courts will act reasonably and in the young person's interest in all cases.

Question put and agreed to.

Ordered: That the Dáil be notified accordingly.