Acting Taoiseach Enda Kenny has said necessary action will be taken quickly to address issues raised by the High Court decision to declare unconstitutional the law governing the power of the courts to activate suspended sentences.
He said, if necessary, amending legislation could be introduced in the Dail “very quickly’, adding it could happen in days, despite the fact it would not have the endorsement of a new government.
In a decision with immediate and serious implications for the operation of the criminal justice system the High Court on Tuesday declared unconstitutional the law governing the power of the courts to activate suspended sentences.
Mr Kenny told the Dáil on Wednesday indications were the judgement would “potentially’’ have an impact in a limited number of cases.
“It is important the difficulties identified by the court are addressed, and I am confident this can be done,’’ he added.
He said he had spoken to Minister for Justice Frances Fitzgerald and Attorney General Maire Whelan about the matter.
Replying to Sinn Féin leader Gerry Adams, Mr Kenny said the Department of Justice was in consultation with the Attorney General's office relating to the implications of the decision.
“The implications of the judgment do need to be carefully considered so we can respond effectively,’’ he added.
In a statement, Ms Fitzgerald said the consequences and implications of Mr Justice Michael Moriarty’s judgment in the High Court 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 this issue in the course of proceedings which have been concluded will now be able to benefit from the finding of the High Court,” she said.
The Minister said the Government will take “all necessary action” open to it to address the issues arising from the judgement.
“While legislation cannot retrospectively affect criminal cases before the courts, if, in the 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.”
Serious implications
Mr Justice Michael Moriarty declared key subsections of Section 99 of the Criminal Justice Act 2006, as amended under Acts of 2007 and 2009, unconstitutional on grounds including those allowed for significantly different treatment of persons before the law as far as their rights of appeal are concerned.
The fact there are weekly challenges arising from the operation of Section 99 shows that lay and professional persons involved in the criminal law arena “simply do not know at present where they stand”, he said.
Legal sources said his striking down of the sub-sections — S99.9 and Section 99.10 — will affect the operation of the criminal justice system on a daily basis and is likely to lead to immediate challenges by affected persons.
