Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Tuesday, 2 Dec 2003

Vol. 576 No. 1

Written Answers. - Offences Against the State Act.

Joe Costello

Ceist:

280 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he has considered the outcome of legal proceedings brought by persons (details supplied) against persons (details supplied) in which the plaintiffs were awarded damages of ?175,000 and ?100,000 respectively by a High Court jury in May 2003; if, in particular, he has considered the significance of the court ruling to the effect that an arrest under section 30 of the Offences Against the State Act 1939, on suspicion of IRA membership, was unlawful where the arresting garda was acting on the directions of a superior officer and personally had no suspicions in that regard; if he has sought and received legal advice as to the general implications of this ruling in relation to the exercise of discretionary powers vested by statute in the individual members of a force that is subject to unified direction and control; his views on whether a statutory clarification of the issue is either necessary or appropriate; if so, if the issue will be dealt with in the context of the forthcoming Garda Síochána Bill; and if he will make a statement on the matter. [28843/03]

Having considered the judgment of the High Court in these cases and having obtained legal advice on the court's ruling, the State decided to appeal the cases to the Supreme Court. As the appeal is pending and as I am a named defendant in the proceedings, it would not be appropriate for me to comment on the issues raised by the Deputy at this time.

Barr
Roinn