Dáil debates

Tuesday, 27 June 2006

Criminal Justice Bill 2004: Report Stage (Resumed).

 

10:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Whichever one wants. Statements are not made with any counsel's advice, as witnesses may not necessarily have access to anyone. Statements are not made with the full knowledge of the consequences of making a false statement. Current practices and safeguards in respect of the taking of statements at Garda stations are not adequate, as has been found by Mr. Justice Liam McKechnie.

Reforming practices in respect of the taking of both witness and suspect statements is necessary to ensure sound convictions. Different people have made recommendations. The Irish Human Rights Commission did not dilly dally on this issue. It recommended that statements made to competent persons — I am referring to those in public authorities — should not be admitted. The commission was quite specific, but the Minister did not take its recommendations on board. The commission went on to state that it "is strongly of the view that this reform proposal could result in highly unreliable statements being admitted as substantive evidence in a criminal trial". For this reason, I will not agree to these sections.

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