Oireachtas Joint and Select Committees
Tuesday, 23 November 2021
Select Committee on Agriculture, Food and the Marine
Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed)
Pádraig Mac Lochlainn (Donegal, Sinn Fein)
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I thank the Minister for a comprehensive response in an earlier exchange, although the question on the European comparison was missed. Can the Minister tell me what other countries have implemented this legislation to back up the penalty point system? What other country has used the words "beyond a reasonable doubt" in their legislation? Is there any other example in Europe where they have used on the balance of probabilities? To be clear, can the Minister point to another European country that has in their legislation said that the person can be convicted on the balance of probabilities rather than beyond a reasonable doubt? Second, where did the phrase "on the balance of probabilities" come from? Who came up with that phrase? Why was "beyond a reasonable doubt" not used? It is, as I am sure the Minister will agree, the international standard for conviction of an offence.