Rushed legislation frequently turns out to be flawed legislation. Only last week, a Bill dealing with child sexual exploitation was needed to close a gap created by earlier, emergency legislation. And now the Government proposes to devote only five hours of Dáil time to a complex Criminal Justice Bill that will make significant changes to long-standing laws affecting bail, the detention of suspects, the right to silence and sentencing. It is not the way to conduct parliamentary business.
This Bill and the brusque way it is being handled bears the hallmarks of a "general election" module. The Government appears determined to show it is tougher on crime than the Opposition parties, even at the cost of undermining legal principles that have stood the test of time for generations. While few would deny gangland crime and its attendant violence requires a firm response, such a reaction should be carefully gauged and fully justified.
The topsy-turvey nature of the Government's priorities is evident from its decision to suspend all parliamentary sittings this week, to mark St Patrick's Day, and then to schedule an emergency Dáil debate later in the month. This Criminal Justice Bill requires careful scrutiny and analysis. But the text of the Bill, containing 51 sections, was only published yesterday. And the explanatory memorandum runs to 14 pages. The broad thrust of the Bill was indeed announced last month. But the devil is always in the detail.
Last month, the Law Society expressed concern about restricting the rights of citizens in the absence of an informed public debate and a careful analysis of the need for change. And Minister for Justice Michael McDowell said there would be plenty of time to consider suggestions or ideas from the Law Society concerning the precise wording of legislative changes. That is now unlikely.
And the Labour Party has called on professional bodies representing solicitors and barristers to become involved. At the same time, a final report from the Criminal Law Review Group on these difficult issues is awaited. And any consultation with the Human Rights Commission on the impact the Bill may have on citizens' rights is likely to be extremely limited.
When the Minister took office he undertook to pursue a policy of evidence-based legislative reform. And he established a Criminal Law Review Group to provide the necessary research and advice. The violent activity of drugs gangs and a pending election appear to have weakened that policy and panicked the Government into precipitate action. But it is still the correct approach. The Bill should be shelved until after the election.