Seanad Éireann díospóireacht -
Wednesday, 7 Jun 1967

Vol. 63 No. 5

Criminal Procedure Bill, 1965: Message from Dáil.

An Cathaoirleach

Tá orm a chur in iúl go bhfuarthas an Teachtaireacht seo a leanas ó Dháil Éireann:

Tá Dáil Éireann tar éis aontú le leasuithe 1 agus 2 agus le leasuithe 4 go 10 go huile a rinne Seanad Éireann ar an mBille um Nós Imeachta Coiriúil, 1965, agus de dhroim glacadh le leasú 6 tá an leasú seo a leanas déanta aici

In page 5, line 31, "prison" deleted and "custody" substituted,

agus is mian léi aontú Sheanad Éireann a fháil leis an leasú sin.

D'casaontaigh sí le leasú 3 agus de dhroim an easaontaithe sin tá an leasú seo a leanas déanta aici

In page 5, from "deal" in line 10 to "charged" in line 11 deleted and "cause the accused to be charged with the summary offence and deal with the case accordingly" substituted,

agus is mian léi aontú Sheanad Éireann a fháil leis sin freisin.

Dáil Éireann has agreed to amendments 1 and 2 and amendments 4 to 10 inclusive made by Seanad Éireann to the Criminal Procedure Bill, 1965, and consequential upon the acceptance of amendment 6 has made the following amendment

In page 5, line 31, "prison" deleted and "custody" substituted,

to which the agreement of Seanad Éireann is desired.

It has disagreed to amendment 3 and consequential upon this disagreement has made the following amendment

In page 5, from "deal" in line 10 to "charged" in line 11 deleted and "cause the accused to be charged with the summary offence and deal with the case accordingly" substituted,

to which the agreement of Seanad Éireann is also desired.

Tomás Ó Maoláin

I move:

That the Seanad agree to the amendment made by the Dáil consequential upon its acceptance of Seanad amendment No. 5.

Minister for Justice (Mr. B. Lenihan)

This merely involves the deletion of "prison" and the substitution of "custody" in section 9 (3); that is all. It is a purely drafting matter.

Question put and agreed to.

Tomás Ó Maoláin

I move:

That the Seanad do not insist on amendment No. 3.

Question put and agreed to.

Tomás Ó Maoláin

I move:

That the Seanad agree to the amendment made by the Dáil consequential upon its disagreement to amendment No. 3.

Mr. B. Lenihan

This amendment is merely a redraft of the amendment which Senator O'Quigley moved to section 8 (4) on Report Stage. I said then that I was accepting the spirit of Senator O'Quigley's amendment which sought to ensure that where the justice considers that a summary offence only is disclosed and the Attorney General consents, he shall cause the accused to be charged with the summary offence there and then and proceed with the case on that basis. I thought there was some merit in Senator O'Quigley's amendment but that I might have to do some redrafting on it. My drafting incorporates the same points which Senator O'Quigley sought to incorporate. There is no change of substance. The only change is of a draftting nature. The draftsman advised on this and the Dáil agreed to it.

Question put and agreed to.