A judicial council, DNA database and new alcohol sales rules are planned, Minister for Justice Brian Lenihan tells Carol CoulterLegal Affairs Editor
The reform of immigration law, legislating for a judicial council, introducing a DNA database and changes in the regulation of the sale of alcohol are all on the agenda of the Minister for Justice next year.
In an interview with The Irish Times, Brian Lenihan said the Immigration and Residence Bill, brought forward by his predecessor, had been withdrawn for "legal fine tuning" and would be reintroduced in January.
It will include an administrative scheme that would protect people who had been trafficked into the State, he said. An administrative rather than a statutory scheme would avoid abuse of the scheme, and those being protected would be vetted by the Garda Síochána.
The Bill would provide for a speedier asylum process. Three grounds for leave to remain in the State - asylum, no "refoulement" (forced return) to countries where they would be at risk, and humanitarian leave to remain - would all be dealt with together.
"There will be a single application and all the issues can be considered together," he said. "There are long delays at the moment caused by legal proceedings.
Demands grow when people are here for so long."
He welcomed the fact that just before the end of the legal term the Supreme Court had upheld the administrative scheme that permitted the majority of the foreign parents of Irish-born children to remain in the State.
"The Minister's powers to deal with those matters through an administrative scheme have been upheld. This group of people has been in the judicial phase for two years now. The problem is, if you judicialise the system, people settle, children go to schools, etc, and there is uproar if they are deported." Referring to the Refugee Appeals Tribunal, which has been the subject of a number of successful judicial reviews, he said that on the enactment of the legislation, its membership would "fade away" and a new body would be established.
Asked about the long-awaited legislation to establish a judicial council, which would create a procedure for complaints against members of the judiciary as well as providing for judicial training, he said he was awaiting the views of the Chief Justice. "If proposals are made I'm open to them."
However, he stressed the constitutional difficulties in such legislation.
"We introduced a new court system in 1961 and all the judges went up to the Áras. There were few members of the judiciary at the time. There was a collective sense of solidarity then. "The problem is we have a very individual system. A judge holds a personal office and is accountable to his or her own declaration.
He sits in open court, which is very different from the continental system where he examines a file. It is a great strength: the public sees the judge coming in to court with a clear, open mind, and is not dealing with a collective institution. Traditionally a judge is very careful about what he says off the bench.
"But with the much bigger judiciary we have now we need a more formal system. It is important to have a judicial council to give a greater sense of collectivity.
It could also do useful work on training, sentencing, common standards and discussion among the judiciary. I will legislate having considered their [the judiciary's] proposals. The court system is subject to legislation. But there are constitutional issues."
Asked about further reform of the criminal law, he said: "My predecessor introduced an awful lot of legislation. Let it settle down." However, he said legislation on a DNA database was coming. "Admissions are declining as a source of convictions. Science will play a greater role. I will be bringing proposals on a DNA database to Government.
"People who are convicted will have their DNA taken. But I think there is a reason for a much broader database - not on a compulsory basis, but we could promote people voluntarily giving DNA. That could exclude people who innocently left traces at a scene." Referring to forthcoming proposals on alcohol, to be published in January, he said: "People want to be able to walk the streets safely at all times. Legislation on its own won't solve the problem [of drink-related disorder], we must see how we can get away from that culture."