New crime law 'riddled with legal pitfalls'
The Irish Council for Civil Liberties (ICCL) said today that the Criminal Justice Bill, approved by President McAleese today, would inevitably be challenged in the courts.
Director Mark Kelly said: "The ICCL respectfully notes that the President has chosen to avoid the ’nuclear option’ of referral to the Supreme Court.
"However, this Act remains riddled with legal pitfalls.
"Any attempt to invoke some of its more contentious provisions, such as secret detention hearings, or the use of uncorroborated Garda evidence to establish facts central to a prosecution, is bound to provoke further legal challenges to its constitutionality.
"The ICCL regrets that our statute book now includes yet another deeply-flawed criminal justice law, which does nothing to improve life for the victims of gangland crime."
Justice Minister Dermot Ahern said it was vital the tough new crime laws were brought in to tackle the threat from gangs.
“Make no mistake – the fight against the activities of these gangs is going to be long and has to be waged relentlessly,” he said.
“But I am satisfied that the ability of the gardaí to tackle the gangs head on has been greatly improved by these measures. I know that the gardaí are determined to use these provisions to the full.
“These measures represent very important changes in our criminal law in favour of ordinary law-abiding people.”
On the defamation laws, which contain a contentious provision for blasphemy, Mr Ahern said: “Modernisation of our defamation law is now complete on the enactment of the Bill. I believe the legislation in what is a complex area strikes the right balance in the public interest.”
