Legislation on suspended sentences ruling to go to Cabinet

Legislation to address a High Court ruling on the unconstitutionality of suspended sentences is to be brought to Cabinet next week.

The Department of Justice said moves were being taken to clarify the legal uncertainty created by Tuesday’s judgment which led to the release of a prisoner yesterday.

In a statement last night, the department said: “The Minister for Justice and Equality, Frances Fitzgerald TD, will be asking the Government to approve emergency legislation at its meeting next week with a view to it being enacted as soon as possible thereafter.”

Consultation

It follows “lengthy and detailed consultation” between the department and the office of the Attorney General.

Further clarity on the ruling due to be issued by the High Court next week will be taken into account, the statement said.

However, the timeline for passing any legislative change into law is unclear given the impending dissolution of the Seanad coupled with ongoing difficulties in forming a new government.

Dr Eoin O’Malley of DCU, an expert in constitutional politics, said emergency legislation, given the pace at which it was passed, was often open to legal challenge.

Unusual

The unusual situation of a Seanad coming to the end of its life has complicated matters.

Mr O’Malley said if the situation was to be resolved immediately, emergency legislation would have to be passed by both houses before the Seanad is formally dissolved which he believes will be the case at midnight tonight.

“That’s not going to happen, so then it would have to be when a new Seanad is formed and that can’t really be until after a new government is formed because they have to appoint a new Seanad,” he said.

While 49 senators could be in place by Thursday of next week, the Seanad would likely require a full complement to pass legislation, meaning the inclusion of the 11 members appointed by an elected taoiseach.