Vol. 483 No. 6
57 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform the studies, if any, he will undertake into the operation of the provisions of the Criminal Justice (Drug Trafficking) Act, 1996; and if he will make a statement on the matter. [21217/97]
105 Mrs. B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform the consultations, if any, he has had with the Judiciary, the legal profession and the Garda commissioner in relation to the operation of the provisions under the Criminal Justice (Drug Trafficking) Act, 1996; and if he will make a statement on the matter. [21215/97]
404 Mrs. Owen asked the Minister for Justice, Equality and Law Reform the method used by him to notify the Garda that sections 2, 3, 4, 5 and 6 of the Criminal Justice (Drug Trafficking) Act, 1996, had been extended from September 1997, to 31 December 1998, by resolution of the Oireachtas as per the motion tabled by him in Dáil Éireann on 9 July 1997; and, in notifying the Garda, if he has satisfied himself that the Garda were satisfied with the extension and method of operation of these powers. [21347/97]
406 Mrs. Owen asked the Minister for Justice, Equality and Law Reform if his Department sought reports from the Garda and the courts on the operation of sections 2, 3, 4, 5 and 6 of the Criminal Justice (Drug Trafficking) Act, 1996, prior to the tabling of the motion renewing these sections on 9 July 1997; if so, if the Garda or courts expressed concerns about the nomination of District Court judges, the number of such judges available and the operation of the Act from their points of view; if the Garda requested that additional assigned judges were required; if he sought these reports; if not, the reason therefor; the basis, if any, on which he renewed these sections of the Act; and if he will make a statement on the matter. [21349/97]
412 Mrs. Owen asked the Minister for Justice, Equality and Law Reform if he will amend the Criminal Justice (Drug Trafficking) Act, 1996 to remove the power from the President of the District Court to assign judges for the purposes of section 2 of this Act thereby extending the power of detention to all District Court Judges. [21457/97]
I propose to take Questions Nos. 57, 105, 404, 406 and 412 together. My predecessor sought a report from the gardaí on the operation of the relevant sections of the Criminal Justice (Drug Trafficking) Act in the context of renewing those provisions under section 11 of the Act. No report was sought from the courts on the matter but I understand that it would be unusual to have sought the comments of the Judiciary on the operation of legislation in such a context.
The report received from the Garda authorities was confined to setting out statistics in relation to the operation of the relevant sections and indicating that the legislation had proved beneficial to the Garda Síochána in the investigation of drug trafficking offences. A report based on this was laid before the Dáil and Seanad by my predecessor on 25 June 1997. On 7 July I laid before both Houses a second report which was based on the report laid by my predecessor with updated statistics in relation to the operation of the relevant sections — the updating was necessary because of the time-limits contained in section 11 in relation to the period to be covered by the report.
Subsequently my Department notified the Garda authorities by letter of the passing of the resolutions by both Houses continuing in force the sections in question. The question of seeking further observations from the gardaí at that stage obviously would not arise in the circumstances which I have outlined.
I met yesterday with the President of the District Court and the Garda Commissioner to discuss matters arising in connection with the nomination of judges under the Act.
