LEGISLATION EXTENDING Garda powers to investigate white-collar crime and to promote greater use of community service orders is likely to be enacted before the election, despite a very tight schedule, according to a spokesman for Minister for Justice Dermot Ahern.
However, other legislation that has received a lot of parliamentary time, like the controversial Immigration Residence and Protection Bill, may not come into force before the election.
Mr Ahern received the approval of the Cabinet for the drafting of a Criminal Procedure Bill on December 16th, and said he also has Cabinet support for enacting the legislation before an expected election in March.
The Bill will allow for the suspension of periods of questioning and the release of the person being questioned to allow for further investigation, with the questioning continuing afterwards.
It will also require banks and other institutions to index documentation provided to the Garda Síochána, along with a certificate allowing for its admissibility as evidence. Witnesses will be required to make statements, with a failure to make a statement constituting an offence. This will apply to witnesses, not suspects, as people cannot be compelled to make statements that might incriminate them.
The legislation enabling greater use of community service orders has not been published yet. However, the Minister’s spokesman said it was expected to be a priority. Other legislation the Minister expects to have finalised before the end of this Dáil is that dealing with multi-unit developments (the servicing of apartments), which has almost passed through the Oireachtas already.
The Immigration Residence and Protection Bill has taken up more time in the Oireachtas than almost any other Bill in recent years. The first version of the Bill was so heavily amended at committee stage that it was withdrawn and a new Bill introduced.
The Bill deals with a wide range of issues relating to immigration, asylum and the rights of foreign nationals to reside in Ireland.
It is now at committee stage and is set to return to the Oireachtas Committee on Justice, Defence and Women’s Rights to continue with this stage of its passage.
The Minister’s spokesman said Mr Ahern intended to have it completed before an election takes place, and would seek the co-operation of the Opposition in this.
He said little remained to be discussed and when the committee stage was completed, the report stage would not take much time and it should be possible to have it completed.
However, he acknowledged that the Dáil would also have to deal with the Finance Bill and the Climate Change Bill, so it was possible the Immigration Bill would fall.
Other Bills introduced into the Oireachtas by the Minister for Justice and now unlikely to survive the life of this Dáil are the Tribunal of Inquiries Bill 2005, the Coroners Bill 2007, the Prevention of Corruption (Amendment) Bill 2008, the Spent Convictions Bill 2007, the Communications (Retention of Data) Bill 2009, the Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010, the Criminal Law (Insanity) Bill 2010, the Criminal Justice (Public Order) Bill, the Criminal Law (Defence of the Dwelling) Bill 2010, and the Civil Law (Miscellaneous Provisions) Bill 2010.
The Judicial Council Bill, whose heads were announced by Mr Ahern earlier this year and which was expected to be passed early next year, has not even been published and this long-awaited reform, sought in a report from the then chief justice a decade ago, will now await a new government.