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03/11/2021 12:00:00 AM


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McEntee, Helen

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Bills

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Criminal Procedure Bill 2021

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Report and Final Stages

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Criminal Procedure Bill 2021\Report and Final Stages
Bills\Criminal Procedure Bill 2021\Report and Final Stages

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Criminal Procedure Bill 2021

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Report and Final Stages

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Senator


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Deputy Helen McEntee

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Deputy Helen McEntee

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Helen McEntee

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Snippet Contents:

I fully agree with most of the comments that have been made. There is significant value in keeping our legislation under review. It is a crucial part of the process in ensuring that the laws we implement will impact and work for citizens as we intend them to. Deputies will be aware of the long history of this Bill, which has been drafted in close consultation with a number of key specific stakeholders, and it took considerable time to arrive at this proposal, one that is workable and legally sound. My concern, which is shared by others, is that mandating a formal review of the legislation after the proposed time could affect the embedding of the legislation and of practices provided for within it. Having said that, there is a one-year report system, although that should not be the only part of the review process. If reforms are needed post enactment on reports under Standing Orders, this should be a matter for the committee, not for legislation. As Deputy Howlin outlined, the Committee on Standing Orders and Dáil Reform is considering this. It is a wider issue that needs to be put on a more structural footing and to apply to all legislation.
I understand where Deputy Pringle is coming from but I will oppose his amendment because this legislation is particularly important and I want there to be flexibility. I want to ensure that before three years have passed, any problems with the legislation can be addressed, reviewed and amended, but putting a rigid provision in primary law may create a difficulty with that. I am satisfied the existing provisions and powers are sufficient without amendment, but I support the Deputy's calls for a more general review, which is needed. As Deputy Carroll MacNeill outlined, we should consider not just the review of legislation but also how we develop legislation, table amendments and pass legislation through the House. All of this could be examined through the Committee on Standing Orders and Dáil Reform.