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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Review of Criminal Law Code.

Review of the Criminal Law Code

Summary

The Minister says a full criminal-law review is impractical and favours piecemeal reform through the Law Reform Commission. Mitchell and Barrett propose a Dáil committee, and the Minister welcomes suggestions and will consider them.

Gay Mitchell Mr. G. Mitchell Fine Gael

asked the Minister for Justice his views on whether a review of the entire criminal law code is due; and the plans he has in this regard.

Comment on this

While undoubtedly a general review of the criminal law would be desirable it would be a very time-consuming exercise which it is not feasible to undertake at present as it would necessitate a substantial re-allocation of both resources and staff within my Department away from existing high priority projects. Instead my approach is to deal with those areas of the criminal law most in need of review on a priority basis.

In this regard, the Law Reform Commission have been asked to review, as a matter of urgency, such matters as the law on rape, the Larceny Acts, the Malicious Damage to Property Acts, the Offences Against the Person Act, sentencing policy, indexation of fines, confiscating the proceeds of crime and other offences which are still governed by 19th century legislation and which it considers need updating. There are specific questions down to me on the Order Paper in relation to a report from the commission on the law concerning receiving stolen goods and to a consultation paper published by it on the law on rape which I will deal with in my replies to those questions. Immediate consideration will be given to the commission's reports on the other areas mentioned as soon as they are received.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I thank the Minister for the detailed reply which is based on the assumption that the question intended that the Minister's Department should carry out such a review of the criminal code. Will the Minister not agree that a Dáil committee on criminal law could very easily do the job? With regard to many of the things the Minister has mentioned in relation, for instance, to indexation of fines and to sentencing policy, is the Minister aware that the Select Committee on Crime, Lawlessness and Vandalism in the last Dáil have already made observations and reports on these matters and that in many of these areas the reports are now ready for translation into legislation which could easily be done by a criminal law committee of the House?

Comment on this

I am satisfied that any general review of our criminal law would be a major undertaking. I believe that codification would involve not just consolidating or restating the existing criminal law but reform of that law as a whole. This would be an enormous and very complex task and it would be very difficult to achieve consensus about the detailed contents of a comprehensive code. The only viable approach would seem to be to tackle the task in a piecemeal fashion. That is an approach that has been adopted in the UK. While one can object to that, to judge by the British experience a piecemeal approach would mean that codification would take a long time. It does not seem to be appropriate at present to attempt a comprehensive codification all at once. The piecemeal approach which we are adopting has the benefit that important areas of the criminal law are codified in the interim.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

The Minister will be aware that the Dublin Metropolitan Police Act, the 19th century Act which he has referred to, contains a whole series of offences, the fine for which is £2. I understand that includes the offence of prostitution. I do not know how much the fine is in keeping with the fee. This is an area that needs to be considered urgently. Will the Minister agree that the area of loitering, which he did not mention, is also one which is in need of urgent examination? There is a serious problem in parts of Dublin city in particular, where large gangs of youths are gathering and causing many problems. Will he agree that the area of loitering needs to be considered again?

Comment on this

I accept the legitimate concern being expressed by Deputy Mitchell in this area. As I have said, we are tackling the problem in the only way open to us at present. I would welcome any help or suggestions from Members of this House on how we might speed up this process or make it more effective. I look forward to a debate on this matter in this House when I can hear the views of the Members and I will then give them the consideration they merit.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

One suggestion would be to form a criminal law committee.

Comment on this
Seán Barrett Mr. S. Barrett Fine Gael

Following from what Deputy Mitchell has said, I am sure the Minister will agree that there is a need for a review of the entire criminal law code. I suggest to him that perhaps this matter could be discussed with the President of the Law Reform Commission who may have suggestions as to the best way to proceed in this area, in conjunction with what Deputy Mitchell has suggested in regard to a committee of this House.

Comment on this

I will certainly give consideration to the views of Deputy Barrett and Deputy Mitchell.

Comment on this