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

We will consider him. We have to get back to first principles. It is easy to suggest that constitutional rights are being trampled on. I do not believe that is the case in this instance. I am proposing that questions of this nature should be examined in the round, that any conscious violation of rights should be prohibited and that things should be done in a bona fide manner. Such an approach has been successful in courts in other jurisdictions. We are not unique in this regard. I note in the research report I have that it was held in Australia that trial judges have discretion which is related to a number of factors, including the seriousness of the offence, the cogency of the evidence, the nature of the criminality, the ease with which the evidence would have been obtained legally and the extent to which an examination of the legislation indicates a deliberate intent on the part of the Legislature to circumscribe the power of the police in the interests of the public. If there is a deliberate intent to ensure as far as possible that those who are brought before the criminal courts are given a fair trial, then they should be acquitted if they are found fairly not to be guilty. However, they should not be allowed to walk out the door on the basis of mere technicalities which are peripheral to the essential and fundamental nature of the case.

It seems that my efforts to bring about a change in this regard will not be successful, despite the reinforcement of my view from the Government benches when the Chairman of the Joint Committee on Justice, Equality, Defence and Women's Rights openly expressed his support for such a change. I appreciate that we face time constraints. I am open to advice. I want progress to be made on this issue. I acknowledge the Minister will not accept my amendments today, so I will not pursue them further. I want a way forward to be established, although we may have to wait until after the forthcoming general election for that. Given that Deputies from the main parties on all sides of the House, including the principal Government party, are supportive of change, we should be finding a way forward. It is obvious that I do not speak for all the parties in the House in that regard.

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