Brendan Howlin (Wexford, Labour)

It is a matter for us to lay down the law in this regard. If we are all of the view that interviews should be recorded, then there should be an onus on somebody to ensure the video machine is working and, if necessary, that a back-up machine is available. It is a disciplinary matter for the Garda to ensure it carries out these procedures correctly. I agree with the Minister that we should not put trip-wires in the way of getting at the truth. It is a question of maintaining a balancing act. We have seen in other circumstances that when people are given a get-out clause, they inevitably use it. I could give chapter and verse on the other side of this situation which is that innocent people have found themselves terribly damaged.

Murphy's Law dictates that a case will arise where a video recorder ceases to function and problems arise because some evidence has gone unrecorded. As the Minister knows better than us mere mortals, this is the way the legal system operates. One encounters obstacles and the law takes its course and sometimes an injustice is done. We must constantly strive to attain the correct balance. The system is imperfect by definition and we will not succeed in creating a perfect model. In view of the increased powers we have given to the Garda in terms of the timeframes within which people may be held in custody, however, it is important that we include robust safeguards to which gardaí are aware they must adhere.

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