Frank Fahey (Galway West, Fianna Fail)

I move amendmentNo. 27:

In page 14, to delete lines 13 to 26 and substitute the following:

"14.—(1) In proceedings for an offence under this Part—

(a) the measures specified in paragraphs 1 and 5 of Article 68 (protection of victims and witnesses and their participation in proceedings) shall, where appropriate, be taken during the investigation and prosecution of the offence, and

(b) the court concerned shall, where appropriate, take the measures specified in paragraphs 1 to 3 and 5 of that Article.

(2) Any such measures or the manner in which they are taken shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

(3) An application may be made in any such proceedings by or on behalf of the Director of Public Prosecutions for necessary measures to be taken for the protection of any servants or agents of the State involved in the proceedings and for the protection of confidential or sensitive information; and the court may grant the application if satisfied that it is in the interests of justice to do so.".

Section 14 of the Bill creates an obligation to have regard to Article 68 of the Rome Statute, paragraph 2 of which covers in camera hearings. Deputy Costello proposed an amendment seeking to overcome concerns about the narrow interpretation of protection in the Bill, which covered only intimidation. It was suggested that other forms of protection such as anonymity might be required.

The Minister undertook to examine the section to ensure that Article 68 of the Rome Statute was sufficiently effected by this section of the Bill. Following further consultation with the Office of the Attorney General and the Parliamentary Counsel a revised section 14 is now proposed which takes account of the concerns raised. I hope that the Minister's amendment is acceptable to Deputy Howlin and allays the concerns expressed on Committee Stage, and will encourage the Deputy to withdraw his amendment.

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