An independent senator has raised alarm over the hasty introduction and procedural shortcomings of the proposed Bail Act, casting doubt on its efficacy and implementation.
Speaking in the debate on the bill that passed out of the House of Assembly on Tuesday, Senator Taitt, a senior counsel, focused on the legislative process and its implications
“My concern is more about procedure and how this bail act has been birthed,” Senator Taitt said, whilst acknowledging the bill’s importance amid rising crime rates.
The independent senator’s comments underscore criticisms of the government’s approach to legislative processes, particularly on matters of national priority that have been voiced by both opposition and independent lawmakers in the Upper Chamber. Senator Taitt’s critique is likely to fuel further scrutiny of the Bail Act’s potential implications for the legal system.
The senator recounted receiving an email invitation at 12.17 p.m. on Thursday for a 2 p.m meeting the following day with Attorney General Dale Marshall to discuss the bill. The 33-page document itself arrived in her inbox at 6.27 that evening.
“It’s important that when we are passing legislation or we’re dealing with legislation that we take the time to ensure that it makes sense and that we’re not faced with numerous amendments because then you lose track of what the law is,” she said.
Senator Taitt warned that frequent amendments lead to confusion in legal practice, potentially resulting in Court of Appeal arguments based on outdated information. She criticised the government’s track record, citing a recent instance where the National Insurance Act was repealed within three months of passage.
“The government’s record is clear. Rush work nine times out of ten means an amendment. And in some horrific cases, it means an actual repeal,” she asserted.
The senior attorney also questioned whether the judiciary had been adequately consulted, given the bill’s potential impact on their workload. She highlighted the absence of prescribed forms and procedural details in the bill, calling these omissions “deficient”.
“Have you spoken to the magistrates? Have you spoken to the judges and told them you just added to their workload?” she asked rhetorically.
Senator Taitt further queried the extent of involvement from legal experts and the Bar Association in the bill’s preparation, emphasising the need for thorough review and interest group input.
“You need to give those attorneys an opportunity, if they were able to attend a meeting, to take in this 33-page bill and all the nuances that come with it, to be properly informed,” she said.
While conceding that the Bail Act may have been well-intentioned, Senator Taitt maintained that her cursory glance revealed significant shortcomings. “The Bail Act may have a genesis in good intention,” she said. “There could even be an argument that there’s a need to enhance that which existed before. I can’t say because I certainly did not have time to go into it in depth. But I know enough with a cursory glance to know that this is deficient.” (RG)
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