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RollingNews.ie

Dáil can act "very quickly" to fix Section 99 problems, minister insists

It follows a High Court ruling yesterday concerning the law governing suspended sentences.

MINISTER FOR JUSTICE Frances Fitzgerald has insisted that the government still has the power to introduce emergency legislation should it be required.

It follows a High Court ruling yesterday in which certain aspects of the law governing for suspended sentences were ruled unconstitutional.

It is expected the decision will have serious implications for the Irish criminal justice system.

In a statement this morning Minister Fitzgerald has said: “The consequences and implications of Justice Moriarty’s judgement have been under urgent examination in consultation with the Attorney General.”

As the issues in question are likely to lead to court challenges it would not be appropriate to make detailed comment on the judgement. However, there are no grounds for believing that persons generally who had not raised the issue in the course of proceedings which have been concluded now will be able to benefit from the finding of the High Court.
While legislation cannot retrospectively affect criminal cases before the courts, if, in light of the consultations with the Attorney General, it is concluded that amending legislation is necessary, this can be introduced in the Dáil very quickly – if necessary within days.

What has happened exactly? 

As of yesterday a law that gives the courts the power to activate suspended sentences has been voided.

Section 99, the relevant piece of legislation, was ruled by Judge Michael Moriarty to be unconstitutional.

Speaking on RTÉ’s Morning Ireland, senior counsel Paul Anthony McDermott explained that the piece of legislation was introduced as part of the Criminal Justice Act in 2006 and it formalised the process for reactivating a suspended sentence.

The issue arises as that person is unable to appeal their conviction for a second offence, as they will be jailed for the suspended sentence held over from their first conviction – something that Judge Moriarty ruled unfair.

“I suspect what will happen in practice is that a lot of sentence hearings will be adjourned to see if emergency legislation is passed,” he went on.

More reaction 

Following on from Minister Fitzgerald’s comments, Sinn Féin leader Gerry Adams agreed that the Dáil in its current state is able to pass laws.

“The Dáil can sit and pass laws,” he said.

So too can the current Seanad, which is still in place until next week so there’s nothing, for example, to prevent the Oireachtas from also debating and voting on emergency legislation to deal with the result of the High Court judgement yesterday on suspended sentences.

Read: Emergency law closes drink-driving loophole

Also: Have you had alcohol delivered to your home? You may have broken the law

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    Mute Madra Exotic
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    Jan 22nd 2021, 12:08 AM

    Dr Tony has been on the ball when it comes to deaths sadly.

    103
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    Mute Full Circle
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    Jan 22nd 2021, 5:57 AM

    I’m no COVID doubter but I’d like to see how many hospital admissions & deaths there are compared to this (flu season) in 2020 & 2019. I’m convinced I got this thing in December 2020 that’s why I’d suggest 2019 also. I’ve checked these stats myself & different news outlets give different figures on different days depending on there agenda.

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    Mute Sarah Gannon
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    Jan 22nd 2021, 6:18 AM

    @Full Circle: euromomo.eu you can check stats

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    Mute Aoife
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    Jan 22nd 2021, 7:28 AM

    @Full Circle: it goes to show that when you combine vaccination, mask wearing, hand washing and socially distancing, flu becomes far less of an issue. Hopefully once the vaccine has been rolled out here thoroughly, we will see almost zero covid cases

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    Mute Eugene Walsh
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    Jan 22nd 2021, 8:50 AM

    @Aoife: all you’ve said there is to reduce the spread of covid but it doesn’t and it does suppress the flu. So people have been heeding the advice, but the advice must be wrong with massive transmission of covid. So what is it ? Oh ya, it was the A Xmas we got where families rolled naked drunk over each other and vomited on granny by the fire.

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    Mute Stanley Marsh
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    Jan 22nd 2021, 9:46 AM

    @Eugene Walsh: I don’t think there’s any doubt that something went very wrong at Xmas.

    The Positivity Rate up to Jan 7th was 21.1%.

    Dec 30th – 6.6%

    Dec 23rd – 3.9%.

    Dec 17th – 2.7%

    Dec 10th – 2.5%

    10
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    Mute Damien Grogan
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    Jan 22nd 2021, 11:22 AM

    @Aoife: or the PCR test thinks flu is corona

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    Mute FrustratedASDMum
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    Jan 22nd 2021, 11:56 AM

    @Damien Grogan: No, it doesn’t. The Journal already did a fact check on that: https://www.thejournal.ie/factcheck-world-health-organization-test-cold-5324747-Jan2021/

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    Mute Michael McGrath
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    Jan 22nd 2021, 12:46 PM

    @FrustratedASDMum: I’m not saying Damian is right but the journal fact check…yeah Ok

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    Mute FrustratedASDMum
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    Jan 22nd 2021, 1:44 PM

    @Michael McGrath: What’s the problem with their fact check? Honest question as I’ve found them very thorough.

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    Mute nelliekel
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    Jan 22nd 2021, 1:58 PM

    @Stanley Marsh: all the mammies and daddies wanted little Johnny and Mary home for Xmas with no test nó isolation and off they went seeing auntie biddy and uncle matt after first going for a family meal then off to see buddies for few pints, a little house party to celebrate then when it was decided the UK veriant was so contagious and banned flights mammy and day got little mary on a flight to Belfast and drove up to get her, god forbid they couldn’t get home for few days and now mammy and daddy are blaming everyone else on fb… Believe me I know of few cases, he sé we now have over 60= of cases with UK veriant

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    Mute Stanley Marsh
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    Jan 22nd 2021, 2:46 PM

    @Michael McGrath: Nothing to stop you doing your own factcheck if you could be bothered.

    It’s quite easy these days with broadband, google, etc

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    Mute Munster1
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    Jan 22nd 2021, 7:55 AM

    They love locking everyone down but no problem importing the bIoody thing. 80 Brazilians fly in here no problem, probably carrying the new variant. lncompetent cIowns.

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    Mute Brendan Gordon
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    Jan 22nd 2021, 8:27 AM

    @Munster1: Don’t mind the dozens of Brazilians, the thousands that came from the UK for Christmas were a much bigger problem

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    Mute Munster1
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    Jan 22nd 2021, 8:42 AM

    @Brendan Gordon: we are going to be in and out of lockdown for years unless we follow New Zealand. I would bet that a vaccine avoiding variant will appear at some stage.

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    Mute Larry Rawson
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    Jan 22nd 2021, 9:18 AM

    I will never forgive this Government for Not locking down the Country on March 1st .

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    Mute aperally
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    Jan 22nd 2021, 9:25 AM

    vaccination rate is still insufficient to say the least

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    Mute Benny McHale
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    Jan 22nd 2021, 11:38 AM

    Cant see the graph properly with that “No news is bad news” ad. Is there any way to get rid of it? (without giving them money)

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