Fine Gael has criticised a delay in the publication of the Criminal Justice Act, which is not available in printed form despite being passed into law last July.
The party's justice spokesman Jim O'Keeffe claimed that copies of the Act had not yet been made available to gardaí, the Director of Public Prosecutions or the public. "The Criminal Justice Act 2006, the most significant piece of criminal law for a decade, was passed by the Oireachtas in July. Most of the Act has been in force since August 1st, but there isn't a single copy for anyone to read," Mr O'Keeffe said.
"Gardaí have been granted vital new powers to tackle drugs, firearms, organised crime and the seasonal threat of fireworks. These new powers are long overdue and will prove vital in tackling the growing menace of organised crime. The only problem is, there isn't a single garda in the country who has seen a copy of the Act."
He alleged that the document had not yet been sent to the DPP, the State Solicitors or any member of the Dáil or Seanad, while no copies were available to the public through the Government Publications Office.
"This farce is typical of Minister [for Justice Michael] McDowell, who has a habit of shooting from the hip without considering the consequences. We have been waiting two years for new laws to tackle organised crime, but now that we have them they cannot be implemented. The State cannot convict people for crimes they couldn't have known about."
The Department of Justice said the publication of Acts was the responsibility of the Houses of the Oireachtas. However, a spokesman said the final text, which was signed into law on July 16th by President Mary McAleese, was subsequently lodged in the normal way in the Supreme Court. The text is available on the Oireachtas website.
"As is the case with all criminal justice legislation, the Bill as signed by the President was forwarded by the department to the Garda Commissioner and it is understood that it is normal practice for Garda HQ to issue circulars regarding new legislation to all Garda divisions. The Bill as signed by the President was also forwarded to the Office of the Director of Public Prosecutions," the spokesman said.
An Oireachtas spokesman said the delay in printing hard copies of the Act was due to it having been passed just before the summer recess, one of the busiest times of the year for new legislation.
The document is now being printed and will be available by next Friday.