Jim O'Keeffe (Cork South West, Fine Gael)

I move amendment No. 13:

In page 6, before section 5, but in Part 1, to insert the following new section:

6.—(1) The requirements of this section shall be met if there is new and compelling evidence against the acquitted person in relation to the offence of which he or she was acquitted.

(2) Evidence is new if—

(a) it was not adduced in the proceedings in which the person was acquitted,

or

(b) in the case of an appeal, it was not adduced in the earlier proceedings to which the appeal related.

(3) Evidence is compelling if—

(a) it is reliable,

(b) it is substantial, and

(c) in the context of the outstanding issues, it appears highly probative of the case against the acquitted person.

(4) The outstanding issues are the issues in dispute in the proceedings in which the person was acquitted and, if those were appeal proceedings, any other issues remaining in dispute from earlier proceedings to which the appeal related.

(5) For the purposes of this section, it shall not be relevant whether any evidence would have been admissible in earlier proceedings against the acquitted person.".

See this speech in context