Michael McDowell (Dublin South East, Progressive Democrats)

I agree with what has been said. Waiting for a suitable opportunity involves hoping the DPP finds such an opportunity, but he is independent and must make decisions independently. The Legislature might be better employed in considering a single clause Bill upon which other matters did not ride, as suggested by Deputy Howlin. I placed this on the agenda to be considered by the Hogan committee and I am also concerned by it.

I remember a case where a car was searched. My former colleague, the late Eamon Leahy, SC, was defending and suggested the evidence should be excluded on the basis that there were no reasonable grounds for believing drugs were in the car. The judge, not one who ruled in the majority in the Kenny case, suggested that the fact that drugs were found under the seat of the car disposed of the argument.

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