Law bodies express concern on 'rushed' Criminal Justice Act

The Irish Human Rights Commission and the Law Society of Ireland have today expressed dismay at the speed at which the recent Criminal Justice Bill 2007 was passed by the Oireachtas.

In a joint statement issued today, both organisations stated their view that the process was "unsatisfactory", and claimed that the Act itself raised "serious human rights concerns".

"The Law Society had deep concerns about aspects of this bill and the further erosion of longstanding principles of due process in the criminal justice system," said Ken Murphy, director general of The Law Society of Ireland.

"It is important to discuss and understand the effect of human rights on criminal justice, policy, legislation and practice."

Des Hogan, acting chief executive of the Irish Human Rights Commission, echoed the Law Society’s views.

"Changes to criminal law and practice are rarely human rights neutral," he said.

"There is a significant danger that legislators, under pressure, feel increasingly forced to seek legislative solutions to combat criminal activity whereas other approaches, including resourced policing, protection services for witnesses and support for particular communities may be overlooked."

"There must be reflection on any aspects of proposed legislation which could potentially erode long established human rights protections. The IHRC strongly believes that the existence of the various stages involved in the enactment of legislation in the Oireachtas is an essential facet of our democratic process.

"The legitimacy of the actual process requires adequate time to be given to such stages, particularly where fundamental rights are at issue."

The issue is due to be discussed at ‘Human Rights and Criminal Justice’, a joint conference from the Law Society and the Human Rights Commission, tomorrow.