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

On page 233. The report states two issues were raised. One was the possible inference that might be drawn from a failure to attend an identity parade. I will not focus on this because it raises broader issues and the group did not come out with a clear recommendation. The second issue raised was that the injured party would identify the person involved from behind a one-way screen. It is a brief recommendation and appears to have also been considered by the Leahy committee but nothing followed from the Leahy report. The review group clearly favours the concept of allowing, as far as practicable, the injured party to identify the suspect through a one-way screen. The report also states it is not clear that a change in the law is required to achieve this result.

In presenting the amendment I reckoned it was a process and procedure which should be put in place as quickly as possible. I tabled the amendment on the basis of it being an enabling provision. It would not specifically provide for the use of one-way screens but enable the Minister to make provision by regulating for "the identification of suspects by witnesses, victims and other persons where the suspect can be identified through a one-way screen and the identity of the witness, victim or other person can be withheld". I want to give the Minister power to enable him to change the law, if necessary. The amendment would provide a mechanism to empower the Minister to make regulations to introduce this change which is necessary. When we discuss grand principles of law, we must also get down to the practicalities. In some instances the practicalities are more important that the grand principles. If, as a matter of practicality, an unfortunate woman who was raped is not able to face an identification parade where she must physically confront her assailant and identify him, we should do what is necessary to avoid this and change the procedure.

I accept the old process was changed some years ago. Previously, a victim had to place his or her hand on the shoulder of the identified person. This is no longer part of the process. Let us go farther and at least avoid this trauma for victims such as those I described.

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