Dáil Éireann díospóireacht -
Tuesday, 10 Feb 1998

Vol. 486 No. 6

Written Answers. - Drug Trafficking.

Ruairí Quinn

Ceist:

65 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the proposals, if any, he has regarding the implementation of the Criminal Justice (Drug Trafficking) Act, 1996 following his discussions with the President of the District Court and the Garda Commissioner on this subject; and if he will make a statement on the matter. [3196/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The Criminal Justice (Drug Trafficking) Act, 1996 provides for the detention for up to seven days of persons suspected of drug trafficking offences. As the legislation stands periods of detention in excess of the first 48 hours can only be authorised by a judge of the Circuit Court, the President of the District Court or a judge of the District Court nominated by the President of the District Court for the purposes of the Act. The Deputy will be aware that difficulties arose recently in relation to the operation of these provisions.

The President of the District Court has indicated that he has now nominated all judges of the District Court for the purposes of the Act. He forwarded a list of the nominated judges to my Department and this list was referred to the Garda Commissioner for appropriate attention.

However, in all the circumstances, I consider that it would be best to amend the 1996 Act so as to provide that, as a mater of law, all judges of the District Court will be qualified to deal with applications made to them under its provisions. During the Second Stage debate on the Criminal Justice (No. 2) Bill, 1997, in the Seanad, I indicated that it was proposed to bring forward an amendment to have this effect, on Committee Stage.