McDowell defends crime law change

Minister for Justice Michael McDowell has insisted proposals to make major changes to the criminal law are reasonable and that…

Minister for Justice Michael McDowell has insisted proposals to make major changes to the criminal law are reasonable and that he is not trying to "push through" legislation before Easter.

In the Dáil today, Mr McDowell defended his Criminal Justice Bill, despite claims by some deputies that it was rushed and would have serious implications for the civil rights of innocent people.

Michael McDowell
Michael McDowell

Mr McDowell said he had first brought forward his plan for the Bill last December in response to the "very urgent" circumstances then surrounding gangland crime.

In response to concerns raised by the Green Party leader Trevor Sargent and Sinn Féin TD Caomhghín Ó Caoláin about the civil rights implications of the Bill, Mr McDowell said he was indeed concerned with "protecting the rights of the innocent".

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The Bill's provisions were "not about removing the right to silence", Mr McDowell said. The law proposed here had also been on the statute books in Britain for 12 years, and no concerns had been raised about it, he said.

He said the Bill would go to the Seanad and if there were further amendments, he would bring them before the Dáil in April or May.

Some 140 barristers yesterday called on the Minister to delay the passage of the Criminal Justice Bill until after Easter at least. They told Mr McDowell that time was needed to allow those involved in the criminal justice system to make a constructive input into the debate.

They raised concerns about the Bill's provisions for seven-day detention, the proposal to curtail the right to silence and mandatory sentencing. A spokeswoman for the Minister indicated last night he will consider amendments to address the concerns in the 4th Report stage of the bill next week.

The Law Society called for Bill to be withdrawn today.

Mr McDowell said today he believed he had always been "reasonable and positive" towards amendements for changes to legislation and that he was being so in this debate.

Green Party leader Trevor Sargent said that rushed legislation was "bound to come back and haunt us in a way that you cannot at the moment foresee". He asked the Minister to reconsider his decision to proceed with it.

Caomhghín Ó Caoláin of Sinn Féin also asked Mr McDowell to reconsider in light of the concerns raised by the barristers yesterday. He said it was important to remember that the protection of the innocent was at stake.