THE Minister for Justice has cast doubt on the constitutionality sections of the Progressive Democrats criminal law Bill. Mrs Owen was responding to the PD justice spokeswoman, Ms Liz O'Donnell, who proposed a second reading for the Prosecution of Offences and of Crimes Bill in private members time.

On the Bill's proposal to restrict the right to silence, Mrs Owen said it was not possible to address such a fundamental issue in that way. She was examining the issues involved in the light of developing jurisprudence under the European Convention on Human Bights.

The Bill proposed that a suspect be questioned by a District Court judge while inferences can be drawn from any failure to answer Garda questions. She did not see the need for a separate procedure to allow the courts to be involved in questioning suspects.

On a unified prosecution service, Mrs Owen said the Department of Finance had begun a review of the structure and organisation of the, office of the Director of Public Prosecutions. This was part of the Civil Service Strategic Management Initiative.

On the proposed estreatment of bail if suspects failed to answer charges, she said the Law Reform Commission had concluded it was difficult to see how it would prevent the accused from committing further offences.

In regard to the proposed obligation on the State to provide prison places for all prisoners to serve their full sentences, the Minister said that even if resources were unlimited a certain element of early release would always be justified.

Introducing the Bill, Ms O'Donnell said her, party would support the Minister's Drug Trafficking Bill tomorrow but she demanded in return that the Minister support action on problems in the criminal justice system.

The Fianna Fail justice spokesman, Mr John O Donoghue, said the Bill was another attempt to address crime and criminal law reform in the absence of Government policy.

Debate continues today.