Minister for Justice Michael McDowell has clashed with the Law Society over his plans to reform criminal law.
The society claimed yesterday that the changes proposed by Mr McDowell posed a threat to the rights of citizens. However the Minister countered by pointing to the level of gangland crime.
In a statement last night, Mr McDowell reminded the society, the body representing solicitors, that the background to the new legislation was the scale of gangland crime, and he repeated his belief that the proposals were proportionate and reasonable.
He was satisfied the public recognised this, and appreciated that his proposals were appropriate in the light recent events.
The Law Society had said it is deeply concerned at the proposals which include restrictions on the right to bail, changes in sentencing, the extension of periods of detention for interrogation and significant curtailment of the right to silence.
"The Government has not to date published precise wording for the changes announced. Nevertheless, it is clear from the heads of Bill that it is proposed to reverse principles which have over centuries stood the test of time.
"In the view of the society, changes of such a fundamental nature should only be considered after a proper opportunity for informed public debate and after a careful analysis of the real need for change," said the society in a statement.
It added that very substantial changes were made to criminal law only last July in the Criminal Justice Act. Not all sections of that legislation had yet been commenced and it was too early to fairly assess whether a further overhaul was required.
"There is a great danger to the rights of citizens if this legislation is rushed into law. Previous experience in all jurisdictions, including our own, is that legislation enacted in haste leads to undesirable and unforeseen consequences," said Philip Joyce, the president of the society. "The short period between now and the general election does not provide sufficient time to properly consider this proposed legislation,"
In response, Mr McDowell noted the society's concern at the pace at which he was moving to reform criminal law.
"I want to assure the members of the Law Society that, notwithstanding their concerns about the timeliness of this legislation, there will still be plenty of time to review any ideas or suggestions they may have about the precise wording of the necessary changes in the criminal law which are now proposed by the Government."
He said the imminence of a general election would not excuse any government from its duty to keep criminal law fully up to date in responding to evolving threats from organised crime.
