Dáil Éireann díospóireacht -
Tuesday, 30 Apr 1991

Vol. 407 No. 6

Written Answers. - Review of Criminal Cases.

Jim Mitchell

Ceist:

130 Mr. J. Mitchell asked the Minister for Justice if he will outline the powers he has to have criminal cases, which have already been as far as the Court of Criminal Appeal, reviewed in the light of new evidence arising; if such powers exist, whether he has any plans to implement them; if they do not exist, if he proposes to take such powers; if he will outline similar information regarding the powers in civil cases which have been as far as the Supreme Court; and if he will make a statement on the matter.

Minister for Justice (Mr. Burke):

Apart from the power to commute or remit any punishment imposed by a court exercising criminal jurisdiction, delegated by the Government to the Minister for Justice under section 23 of the Criminal Justice Act, 1951, I have no functions in relation to the review of criminal cases which have been decided by the courts. In a report published in March 1990, a committee chaired by his Honour Judge Frank Martin made recommendations for new procedures where substantial doubt existed as to the propriety of a conviction. This question raises important issues concerning the respective functions, under the Constitution, of the Executive and the Judiciary and these require careful consideration.

I have no functions in relation to the review of civil cases which have been decided by the courts, nor would I think it appropriate that a Minister for Justice should have any such functions.