Dáil debates
Tuesday, 27 June 2006
Criminal Justice Bill 2004: Report Stage (Resumed).
10:00 pm
Brendan Howlin (Wexford, Labour)
For the avoidance of doubt. However, the Minister could refer to certain amendments at the end of Report Stage. Indeed, I hope he will do so if there is a guillotine and we have not discussed all the amendments. If the House cannot discuss them all, the Minister might indicate tomorrow what later amendments he is minded to accept, which was a point made by Deputy Ó Snodaigh in respect of other amendments and one that I would not generally be in favour of as it forestalls the chance to make a case for amendments. He could depress Deputies by giving them that information.
I do not want to delay the House further other than to comment on section 16(3)(b) and the issue of witness demeanour. In respect of a court, it states:
and shall also have regard to—
(i) any explanation by the witness for refusing to give evidence or for giving evidence which is inconsistent with the statement, or
(ii) where the witness denies making the statement, any evidence given in relation to the denial.
It is important to include this provision. I am not sure how it will pan out in practice but, as constructed and amended, the section is an honest attempt to deal with a situation that has arisen and has caused great public disquiet. I am not sure whether it will meet the full requirements of the situation.
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