Michael McDowell (Dublin South East, Progressive Democrats)

Section 16 of the Criminal Evidence Act 1992, as amended, makes provision for the video recording of any evidence given, in regard to a sexual offence or an act involving violence, by a person under 18 years of age through a live television link in proceedings relating to indictable offences. The relevant subsection, (1)(a), was commenced in 1993. It will be noted that this subsection covers persons under 14 years of age also.

Section 16 also makes provision, in subsection (1)(b), for the video recording of a statement made by a person under 14 years of age, in respect of whom a sexual offence or an offence involving violence is alleged to have been committed, during an interview with a member of the Garda Síochána or any other person who is competent for the purpose. It provides that such a video recording shall be admissible at a trial as evidence, provided that the person whose statement was video recorded is available at the trial for cross-examination. I accept Deputy Howlin is not under any illusions in this regard but there appears to be a public misunderstanding that it is possible to simply record a package and give it to a jury and thereby save a child the——

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