Michael McDowell (Dublin South East, Progressive Democrats)

I have listened to Deputy Howlin expound this view and I was interested to hear him elaborate on it now. Two issues arise, the first being the issue as to whether the word "considered" should appear in the last line of the subsection. I will examine this carefully. That something is evidence of something does not ascribe weight to it of any particular kind and does not oblige somebody to accept it even in the absence of contradictory evidence but it does make it admissible in the proceedings.

I ask the House to bear in mind that I am moving amendment No. 31. At the moment opinion evidence is admissible in bail applications and I did not wish it to be said the only evidence admissible from now on would be that of a chief superintendent because many of these cases are dealt with in the District Court and we cannot have chief superintendents ferrying around the country to shore up cases in that way. The real issue is whether on the grounds of reasonable necessity we are prepared to make the evidence of a chief superintendent — who by definition is subject to cross-examination if somebody does not agree with his opinion — corroborative of the proposition that the Garda Síochána is arguing.

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