Controversial proposed legislation on gangland crime is set to pass all stages in the Seanad today, although the debate may run into tomorrow.
The Criminal Justice (Amendment) Bill is likely to be sent this evening or tomorrow to President Mary McAleese. She will have a week in which to decide whether to sign it into law or refer the Bill to the Supreme Court.
The President has the authority, after consultation with the Council of State, to refer the Bill to the Supreme Court to test its constitutionality. The court is allowed up to 60 days to consider the matter.
In the event that the court deems the Bill to be in accordance with the Constitution, the legislation cannot be challenged further on constitutional grounds.
The legislation, which expands the role of the Special Criminal Court to deal with gangland crime, was passed by a large majority in the Dáil last Friday, with one Labour TD defying his party whip by refusing to vote against the measure.
Fianna Fáil and Fine Gael TDs voted for the Criminal Justice (Amendment) Bill 2009 while the Labour Party and Sinn Féin voted against the legislation which was carried by 118 votes to 23.
However, Labour Dublin North East TD Tommy Broughan abstained. He said later that he had done so because “in the dire and urgent circumstances of drug-fuelled gangland crime, some of the provisions in the Bill are
During the debate on the Bill Minister for Justice Dermot Ahern maintained that the objections of 133 criminal lawyers to the Bill would ultimately prove to be unfounded.
Last Wednesday, 133 criminal lawyers wrote to The Irish Timesclaiming that Ireland would "be shamed" before the United Nations and the European Court of Human Rights because of the legislation.