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

I move amendment No. 14:

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

7.—(1) The requirements of this section are met if, in all the circumstances, it is in the interests of justice for the court to make the order under section 5.

(2) In determining whether the requirements of this section are met, the court shall have particular regard to—

(a) whether existing circumstances make a fair trial unlikely,

(b) for the purposes of that question and otherwise, the length of time since the qualifying offence was allegedly committed,

(c) whether it is likely that the new evidence would have been adduced in the earlier proceedings against the acquitted person but for a failure by—

(i) the Director or his or her agent or agents,

(ii) a member An Garda Síochána,

(iii) a member of the judiciary,

(iv) an employee of the Courts Service, or

(v) any other person involved in the administration of justice,

to act with due diligence or expedition,

(d) whether, since those proceedings or, if later, since the commencement of this Part, any person referred to in paragraph (c) of this section has failed to act with due diligence or expedition.".

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