RUSHED CRIMINAL JUSTICE LEGISLATION MAY CURTAIL ESTABLISHED HUMAN RIGHTS
More public debate needed – Irish Human Rights Commission and Law Society Joint Statement
The speedy enactment of the Criminal Justice Act 2007 earlier this year raised serious human rights concerns given the far-reaching effects and sweeping scope of the legislation and the fact that scant time was spent debating the Bill in the two houses of the Oireachtas. The erosion of longstanding principles of due process in the criminal justice system are an ongoing concern according to both the Irish Human Rights Commission and the Law Society of Ireland.
In advance of their joint conference ‘Human Rights and Criminal Justice’, tomorrow (Saturday Oct 13th), both organisations have stated their view that the excessive speed with which the Criminal Justice Bill 2007 was rushed into law was unsatisfactory, and that any desire to change the criminal justice system should be balanced with the need to discuss, analyse and reflect on the changes and their potential impacts.
“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. It is important to discuss and understand the effect of human rights on criminal justice, policy, legislation and practice," said Ken Murphy, Director General, The Law Society of Ireland.
Des Hogan, Acting Chief Executive of the Irish Human Rights Commission, echoing the Law Society’s views, added: "Changes to criminal law and practice are rarely human rights neutral. 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.
He continued: "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".
‘Human Rights and Criminal Justice’, the joint conference from the Law Society and the Human Rights Commission has a number of national and international experts speaking on the various human rights requirements which warrant consideration in the criminal process, and the tension between the two. Speakers include:
Sir Geoffrey Bindman – civil liberties and human rights lawyer, expert and broadcaster – speaking on the human rights implications of criminal justice policy and legislation
Professor Tapio Lappi-Seppala – Director, the National Research Institute of Legal Policy; professor of criminology and sociology of law, University of Helsinki – speaking on the penal system and human rights and criminal justice in Finland
Michael O’Higgins SC – Distinguished Criminal Lawyer – speaking on the practical and human rights implications of new criminal justice legislation
Claire Hamilton – Chair of the Irish Penal Reform Trust – speaking on human rights standards and Irish prisons
Paul Bailey, Director, BOND (Blanchardstown Offenders for New Directions) – speaking on the post-release experiences of young people in Dublin 15.
“The Conference will include practical analysis of the human rights issues facing both victims and offenders. This will be a timely and exciting event for the legal profession and public alike," concluded Ken Murphy.
ENDS
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