Criminal Justice Bill 2004 - Report and Final Stages - 4th July 2006

Criminal Justice Bill 2004 - Report and Final Stages - 4th July 2006

Ms Tuffy: I move amendment No. 6:

In page 29, to delete lines 37 to 39.

Mr. Norris: I second the amendment. I have something of a Machiavellian interest in it because it deals with such matters as conflict of interest, validity of statements and so on. In addition to supporting this important amendment, I wish to afford the Minister an opportunity, if he so chooses, to revisit my amendment No. 5, which relates to the video taping of the taking of samples. I was 30 seconds late in moving the amendment because I had to take a telephone call. It relates to the same area of principle as Senator Tuffy's amendment. The Minister said yesterday he might look at this issue again. He seems willing to accept amendments and we are galloping ahead at an unprecedented rate.

Mr. M. McDowell: I am grateful to Senator Norris for the invitation to be disorderly and deal with his unmoved amendment. The issues that he raised can be dealt with by custody regulations made under the Criminal Justice Act 1984. Senator Norris is raising ways it can be proved beyond contradiction the taking of a sample was done in a lawful way. The majority of people will be happy to provide a DNA sample when asked to do so by running a swab inside the cheek. To put in place a requirement that all this must be done before a camera may be unnecessary with regard to cooperative witnesses. As I said, this can be dealt with by way of regulation.

Mr. Norris: I move amendment No. 42:
In page 164, between lines 25 and 26, to insert the following:
197.—Section 13 of the Criminal Law (Insanity) Act 2006 is amended—
(a) by the deletion of subsection (1), and
(b) by the renumbering accordingly, of subsections (2) to (10) as subsections (1) to (9).".
Senator Henry asked me to move this amendment on her behalf as she must catch an aeroplane. I previously seconded it. The amendment follows the Minister's acceptance of an amendment in the Dáil tabled by Deputy Ó Snodaigh. There was general agreement that giving permission to the Minister for Health and Children to designate certain prison centres as mental facilities was inappropriate. Having accepted the amendment, consequential changes should have flowed from it but did not. The subsection in question is, in any case, rendered redundant in light of Deputy Ó Snodaigh's amendment.
I was greatly facilitated by one of the Minister's advisers, who very helpfully gave me a copy of the principal Act. It may be helpful to put on the record the subsection being removed. Section 13(1) of the Criminal Law (Insanity) Act 2006 states, "Where a person is detained under this Act in a designated centre being a prison, the duties and powers conferred by this section and by section 14 of this Act on a clinical director shall be carried out by the governor of the prison on the advice of an approved medical officer." The subsection is rendered meaningless by the amendment accepted by the Minister in the other House. If my memory serves me correctly he indicated he might be in a position to accept an amendment of the kind tabled. I and Senator Henry would be grateful if that were the case.

Mr. Cummins: I second the amendment.

Mr. M. McDowell: I am in a position to accept this amendment. As Senator Norris rightly pointed out, during the debate in the Dáil on the Criminal Law (Insanity) Bill I acceded to a late amendment tabled by Deputy Ó Snodaigh and supported on all sides of the House. I assumed that there would be no consequential amendments but, when it came before this House, the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Brian Lenihan, noticed that there was a problem and, rather than bring it back to the Dáil - the Bill had been awaited for 20 years at that stage - we decided to pass it and avail of the first opportunity to remove the redundant and offending subsection.

Amendment agreed to.

Bill, as amended, received for final consideration.

Question proposed: "That the Bill do now pass."