Commission hits out at crime and drugs proposals
The Irish Human Rights Commission (IHRC) also called for an independent expert to value drug seizures in court cases and for an increase in the value of drugs, currently €13,000, which results in the mandatory 10-year minimum sentence.
In a detailed analysis of the amendments to the Criminal Justice Bill 2004, the IHRC:
nComes out against electronic tagging of criminals, raising concerns it might breach privacy rights;
nQuestions proposals to combat organised crime, saying they could affect freedom of association rights;
nCriticises drug provisions, saying they could undermine the discretion of the judiciary;
nQuestions the need for a new Drugs Offenders’ Register and the length of time drug dealers would stay on the register;
nQuestions the need for new mandatory sentences for gun crime.
The IHRC also raised serious concerns, publicised last month, about anti-social behaviour orders (Asbos).
The body said it regretted the way in which the amendments — totalling 330 pages — were brought forward by Justice Minister Michael McDowell.
“Bringing forward substantial amendments of this scale at the committee stage of the legislative process inhibits the proper consideration of the issues,” the report said.
The body said it was concerned proposals to electronically tag criminals, as an alternative to sentencing, might infringe the right to privacy and family life.
“The IHRC is of the view that electronic tagging should not be used as a replacement for the probation and welfare services and should not divert resources away from these services which are already underresourced.”
It said a recent report reviewing the operation of electronic tagging in Britain by the British Trade Union for Family Court and probation staff found it was “ineffective and expensive”.
The IHRC questioned whether proposals defining a criminal gang were “necessary or proportionate” and said they were so broad, people with a loose connection to a gang faced serious penalties.
It said the provisions could include groups with a legitimate political or social function, which may, unknown to members, also be involved in possible criminal activities.
The body said it was also concerned at proposals of mandatory minimum sentences for gun offences.
The report recommended that an expert give evidence in court regarding the value of a drug seizure.
“The IHRC is further of the view that the €13,000 valuation for drug-trafficking offences should be reviewed in light of inflation and the current reality of the cost of drugs.”
