Frank Fahey (Galway West, Fianna Fail)

This amendment seeks to apply the provisions of Article 87 to a situation, regardless of the fact that there may be some difficulty with disclosure of information in the particular circumstances or conditions attaching to such information. Section 4 sets out the approach to be taken for an unresolved issue and clearly provides in subsection (2 )(c)(ii)(II) for consultation in accordance with the conditions laid down in Article 72.7(a) (i).

The amendment proposed by Deputy Ó Snodaigh runs counter to that approach, as envisaged by the Rome Statute, as it gives an overriding power to the court to order disclosure. Such a power is only granted under Article 72.7 of the Rome Statute in cases where the State has not invoked the ground for refusal in Article 93.4. Section 4(2) of the Bill deals with cases where the State has invoked such a ground. Accordingly, I do not propose to accept the amendment.

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