Quinn claims abuse of power over justice Bill

Seanad report: The Criminal Justice Bill passed the second stage by 21 votes to four, half an hour before the debate was due…

Seanad report:The Criminal Justice Bill passed the second stage by 21 votes to four, half an hour before the debate was due to conclude. Independents Shane Ross, David Norris, Feargal Quinn and Mary Henry voted against the Bill's progress.

Mr Quinn said the Government's persistence in pursuing the Bill in the dying moments of its mandate was nothing short of an abuse of power.

Maurice Cummins, Fine Gael justice spokesman, called on Minister for Justice Michael McDowell to explain where the demand for change in detention powers for questioning by gardaí was coming from.

If the Garda had requested it, where they seriously saying that they would get more convictions as a result? What would gardaí learn in a week that they would not learn in five days?

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There should be a moratorium on the proposed new powers until a comprehensive review of the criminal justice legislation had been carried out by the Law Reform Commission.

Maurice Hayes (Ind) said he had considerable worries about mandatory sentencing. He believed it took the judgment out of judging. He was pleased to see the reference to non-executive members being on the Garda Executive Board.

Mr Norris said it was clear no amendments to the Bill would be taken. "So, once again, this Government is undermining the democratic function of Seanad Éireann. That is a disgrace."

The stated reason for the Bill was to address the situation relating to gangland violence, but anyone in the House knew that it would not do that. The Bill had drawn a chorus of criticism from the legal profession.

House leader Mary O'Rourke said she could not understand how any government, especially with an election looming, would wish to seek repayment of up to €11,000 in money paid to people with disabilities who received domiciliary care.

She was responding to the Fine Gael leader in the House, Brian Hayes, who said a person with an intellectual disability received the "princely sum" of €184 a week in disability allowance. It was proposed, under regulations that had never been debated in the Dáil or the Seanad, that the Government would take €90 a week from such people. This would apply retrospectively from the time the regulations had been made. It had to be asked how such a miserable, penny-pinching, disgraceful decision had never been debated.

David Norris (Ind) said he thought it was one of the meanest and most disgusting impositions on a vulnerable section of the community.

Eamonn Scanlon (FF) said those affected by this regime of charges were people with intellectual disability and psychiatric problems who found themselves in sheltered accommodation and who, because of the nursing home situation where they had not been charged for a period of time, now found themselves in arrears.

Mrs O'Rourke said she felt "this all crept up on us". It was something they would have to take up with the Government.