Emergency laws under way on suspended sentences

Minister for Justice Frances Fitzgerald has said emergency legislation will be ready in the coming days to deal with a High Court ruling declaring as unconstitutional the law governing the power of the courts to activate suspended sentences.

Legal sources said the ruling will affect the daily operations of the criminal justice system and will likely lead to immediate challenges by those affected.

Ms Fitzgerald said moves were already under way in her department to enact legislation to remedy the situation.

“Clearly, if emergency legislation is needed, and we do need to bring in legislation, the sooner we can do that the better. We are working on legislation. I would hope to have it within the next few days.”

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 that they allowed for significantly different treatment of people before the law as far as their rights of appeal are concerned.

Section 99 of the Criminal Justice Act 2006 enshrined the power to suspend a sentence and provides for the reactivation of a suspended sentence if another offence is committed. Sinn Féin leader Gerry Adams said the ruling showed why the Dáil and Seanad should sit even in the absence of a government being formed.

“The Dáil can sit and pass laws. 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 judgment on suspended sentences,” Mr Adams said.

Court challenges

The Department of Justice said the consequences and implications of the ruling were under urgent examination in consultation with the Attorney General. Ms Fitzgerald also said as the issues “are likely to lead to court challenges it would not be appropriate to make detailed comment on the judgment”.

“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.