Michael McDowell (Dublin South East, Progressive Democrats)

These things just happen. That is the way things are. The Judiciary is moving to the point that Deputy Howlin wants to be recognised in his amendment. I am happy that this is the case. I am not in any way worried by the fact the Judiciary is pressing for a general rule of recording where it is appropriate. I am not against that at all but I will give the Deputy this reasonable example.

A situation could arise where an interviewee's statement is taken down in writing and also video-recorded but it is subsequently discovered that the video machine has malfunctioned. In such circumstances, if there is definitive corroboration of the truth of the detainee's statement such as, for example, the discovery of the weapon used in a murder hidden under a stone in a particular place, as the interviewee said it would be in his or her confession, the public would be outraged if there was an absolute rule that the evidence must be discarded because the machine has malfunctioned.

Gardaí might be acting entirely in good faith in relying on the machine to be recording the interview. According to this amendment, however, if the machine malfunctions, evidence obtained through that interview, no matter how cogent and incontrovertible, would be thrown out and the relatives of a deceased person left with no remedy in law. We must be careful in proposing such changes. The Judiciary can be relied upon in this matter and the issue of admissibility should be left to its members to decide. They are flexible but also vigilant.

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