Jim O'Keeffe
Ceist:9 Mr. J. O'Keeffe asked the Taoiseach if, in view of the heavy workload of the Law Reform Commission and the urgent need to update our criminal laws, he will establish a separate Criminal Law Reform Commission.
Ceisteanna — Questions. Oral Answers. - Criminal Law Reform Commission.
The position regarding the Law Reform Commission was outlined by me on 28 April last in reply to a similar question tabled by the Deputy and remains unchanged.
In addition to the work of the Law Reform Commission, reform of the civil law is undertaken by the Department of Equality and Law Reform and reform of the criminal law is undertaken by the Department of Justice. If the Deputy will consult the record, he will see that very considerable progress is being achieved in reform of the criminal law. Since 1989 important legislation has been enacted dealing with incitement to hatred, regulation of videos, receiving of stolen property, firearms and offensive weapons, abolition of the death penalty, rape and other sexual offences, forensic evidence including DNA testing, criminal damage to property, evidence by spouses and evidence by young children by video link in child abuse cases.
So far this year, the Minister for Justice has been responsible for the enactment of legislation dealing with telephone tapping, suicide, decriminalisation of homosexuality, prostitution and legislation to provide for appeals against unduly lenient sentences and compensation to victims. There are two criminal law Bills at present before the Oireachtas dealing with public order and alleged miscarriages of justice and the Minister intends to publish three further criminal law Bills during this session dealing with extradition, the confiscation of the proceeds of crime and miscellaneous provisions relating to criminal procedure.
In line with the Programme for Government, the Minister for Justice will bring forward further proposals dealing with juvenile justice, criminal insanity, fraud and dishonesty, indexation of fines, felonies and misdemeanours, offences against the person, criminal libel and contempt of court.
Most people will agree that this is a substantial programme of reform and I intend to see that it will be maintained.
I see no useful purpose in the creation of a further body.
Will the Taoiseach agree that a modern criminal law code is an essential instrument in the fight against crime? Will he also accept that since we last discussed this issue we have received the 1992 crime figures which indicate that we are losing the fight against crime and that, compared to 1986 which was the last time Fine Gael was in Government, last year there were 10,000 more serious crimes? Will the Taoiseach agree that in the light of that we must do what is necessary in the fight against crime to update our criminal laws without delay?
I do not accept that establishing another body will improve things. I outlined a long list of Bills which are coming before the Houses of the Oireachtas and indicated that we had divided the functions of criminal law reform and civil law reform when we formed the new Government. The Minister for Equality and Law Reform acts in one capacity and the Minister for Justice in another. This is producing results and the House can be assured that we will continue to bring the criminal law code up to date by introducing Bills as required.
Will the Taoiseach accept that overloading the Law Reform Commission with everything from giving reports on the efficiency of debt collection to reports dealing with a heinous crime such as rape is unfair and that virtually every modern developed democracy has a separate criminal law reform commission? Why do we not need a criminal law reform commission devoted solely to updating our criminal law? Is the Taoiseach satisfied with the pace of progress in the fight against crime and in updating our criminal law?
I am not satisfied and I have given a commitment to confront the criminal head on. I do not accept that establishing a new body to make recommendations, as the Law Reform Commission does, will improve things. We must decide whether recommendations will be implemented. It is the responsibility of Government Departments to initite Bills in this area, the duty of the Law Reform Commission is to make recommendations. The commission has made good recommendations which have been acted upon. I am not saying that we are satisfied, but we have made good progress and will continue to do so.
Will the Taoiseach agree that it might help to expedite law reform if the commission worked more closely with the Oireachtas committees rather than apart from them as is the case at the moment?
The Law Reform Commission has been doing a good job and will continue to do it. The implementation of its recommendations is a matter for individual Departments and Ministers. The Deputy's suggestion will not improve the situation in that regard. I have given a long list of Bills which have been brought through the House or which are going through the House. The pace of reform is clear.
Does the Taoiseach see any merit in the argument that Ireland, like virtually every developed country, should have a criminal law reform commission? Would he accept that the research carried out by the Law Reform Commission is not only useful but essential when Government Departments decide to bring forward legislation? Would he also agree that in fighting crime on our behalf the Garda in many instances have to bring people before the courts under Victorian laws which were passed in the last century?
I believe that the appointment of another commission would only duplicate the work that is being done. It is a matter for each Minister to implement the recommendations made by the Law Reform Commission. That is not to say that we are satisfied with the present position in regard to crime; we are not and we are going to confront it by co-ordinating our efforts. In this regard the Minister for Justice and the Minister for Finance are working out a five year strategy.
On a point of order, I have a right to be heard in relation to a matter that I wish to raise.
No one suggested that you were not, Deputy.
I would like to receive some indication from you as to how I may proceed because I have followed your directions in regard to a question that I tabled for answer at Question Time today. That question was disallowed. I have listened——
That is another matter, Deputy.
I wish to raise this matter because we have just had a discussion about a private meeting of great importance that the Taoiseach had. Questions were asked and the Taoiseach responded. I tabled a similar question about a private meeting the Taoiseach had with senior medical people to discuss the question of a referendum that might possibly be held on the issue of abortion.
The Deputy is raising a very special matter now.
That question was disallowed and I am entitled to know the reasons.
My rulings in respect of this matter——
I raised the issue on the Order of Business and at Question Time to see when this matter could be raised and where.
——may not be challenged in this House and if the Deputy wishes to have any further elucidation as to why her question was turned down my office is at her disposal but she may not challenge the Chair in this fashion.
The Taoiseach did not want to answer it.
I have answered it.
I take it then that the Taoiseach has a hidden agenda on the question of the abortion referendum which is in conflict with that of the Irish people.
If Deputy De Rossa read the newspapers he would have seen the answers.
Is this Government by press statement?
I do not disallow questions, Deputy.
Answer the question.
The Deputy should respect the Chair.