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Seanad Éireann debate -
Wednesday, 20 Jun 1979

Vol. 92 No. 6

Private Business. - Garda Síochána Bill, 1979: Committee and Final Stages.

Question proposed: "That section 1 stand part of the Bill."

What does the word "to" mean in line 10? I could not read the significance of "to".

Giving notice to. It is a statutory notice.

Question put and agreed to.
Section 2 agreed to.
Title agreed to.
Bill reported without amendment and received for final consideration.
Question proposed: "That the Bill do now pass."

The purpose of the Bill is to make valid anything that might have been invalid. Obviously we cannot say now that the Bill will be conclusive or absolute in that effect because somebody may test the effectiveness of the Bill in the courts subsequently. There may have been cases where people were deprived of their liberty at a time when the law was defective because of the invalid nature of Mr. McLaughlin's appointment.

The number of such cases, I think, must be comparatively few, but in support of the point I was making earlier that justice must be justice both in fact and in law, will the Miniser consider, through the Attorney General if he be the appropriate person, drawing the attention of the Director of Public Prosecutions to the fact that the Government is concerned to ensure that no citizen will have suffered an injustice at the hands of the State by reason of the invalid actions of Mr. McLaughlin and that the State is anxious to restore that citizen by adequate compensation or whatever is necessary?

I will consider that circumstance, and if I feel that I should do it I certainly will.

Can the Minister be a bit more specific? This point was raised in the other House.

I would like to consider the matter to see if I can do so, but if the Senator pushes me to a definite answer here and now the answer will have to be no.

Could I suggest to the Minister that we adjourn the matter until next week so that the Minister can consider the matter over the week?

We are dealing with the Fifth Stage now.

We have facilitated the Minister in giving all Stages. When he introduced the Bill initially in the other House he wanted all Stages immediately. Better judgment prevailed and the Bill was taken Stage by Stage and was amended, to the improvement of the Bill. I have raised now a very fundamental matter arising out of all of this, namely, a request that the Minister as the person responsible would take whatever steps might be necessary to ensure that justice be done to all citizens. That is the simple basis of my request.

If people have the right to compensation they can take whatever steps are necessary to be compensated.

I agree. All I can say to the Minister from the point of view of a person in prison, notwithstanding the increased sophistication of prisoners and the aids available to them is, "Thank you very much for nothing or for very little". The State has an obligation to go further than merely to say that if the question arises go to court with it. When the State has been responsible for that person's legal situation the State should have an obligation to take an initiative. That is all I am asking the Minister to do, in order to demonstrate publicly the bona fides of the Government and their anxiety to undo and rectify the mistake that has been made here and to ensure that no citizen has been unjustly done by. All I ask the Minister is that he should take the initiative, as the person peculiarly in a position to do so, having the resources to do so, rather than saying that an unfortunate prisoner in Mountjoy, or wherever he might be, can do it if he wants to. That is not good enough at this stage.

I am quite prepared to postpone the Fifth Stage for a week if the Senator wishes.

Would the Minister seriously consider this point?

Yes. I would postpone the Fifth Stage to the meeting of the Seanad next week.

I am grateful to the Minister.

Unfortunately, I may not be able to attend then, but the Minister of State, Deputy Andrews, would be present.

The Minister of State would be very welcome here at any time.

Is it agreed that the debate be postponed until the meeting of the Seanad next week?

Agreed.

Debate adjourned.
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