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Dáil
‹ Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

Kerins judgment and court challenges

Summary

Deputies Howlin and Broughan raise concerns about Supreme Court judgments affecting the Oireachtas, particularly the Kerins case and mandatory sentencing, and ask how the House will respond. The Leas-Cheann Comhairle says the Procedure Committee has set up a working group to report by autumn and that the matter concerns the Kerins case.

Unusually, my question is not exclusively for the Government. The Leas-Cheann Comhairle might help with the answer. The Government has the largest bloc of Deputies in the House. I am wondering if it has given any consideration to the judgment of the Supreme Court yesterday in the Kerins case, its implications for the operation of this House and how we are going to deal with it. I do not want to have the debate now because we should have proper reflection and obtain legal advice on it. Is the matter going to be the subject of a submission from Government? Will it be dealt with by the reform committee of the House or how will it be addressed in order that we might ensure that the committee system, which is such an integral and important part of the functioning of this House, will continue to operate?

Comment on this

On the same subject, as the Minister knows, earlier this month there was another Supreme Court judgment in respect of our decisions in mandatory sentencing for the possession of guns under the 1964 Act. We have had murderous mayhem in our constituency in the past couple of weeks. I am a member of the Committee on Procedure, to which Deputy Howlin referred in the context of our response and which is setting up a working group. Are we seeing a very serious challenge by the courts to the role of the Oireachtas in making law? We are the law-makers; that is our function under the Constitution. Are we being challenged in the context of our fundamental powers by a non-elected legal elite?

Comment on this

It would be prudent for all of us to study the full terms of the judgment before we draw any conclusions. From newspaper reports that I have seen, there was certainly a recognition by the courts that the Oireachtas has the scope to deal with some of the defects that were found in this case in the context of the arrangements under which we operate here. Fine Gael will participate fully with other parties to secure arrangements that will allow us to do our work in a way that is fair to all citizens and that respects the courts. It would be premature for any spokesman to be drawing conclusions as to the sort of changes that might take place or regarding what are the implications of this judgment. We need to take time for reflection.

Comment on this

Where are the matters to be addressed?

Comment on this

I understand the Houses will provide the forum to address the issue. I assure the Deputy that the Government will support the Houses in any way that it can.

Comment on this
Pat the Cope Gallagher An Leas-Cheann Comhairle Fianna Fáil

For clarity and as Deputy Broughan is aware, the Dáil Committee on Procedure has decided to set up a working group to report back to the Dáil by the autumn. Of course, the House accepts the decisions of the courts at all times.

Comment on this

What matters will the working group be examining?

Comment on this
Pat the Cope Gallagher An Leas-Cheann Comhairle Fianna Fáil

Those relating to the Kerins case.

Comment on this