Willie O'Dea (Limerick East, Fianna Fail)

The proposed amendment seeks to change the text of the Bill to reflect that communications made with the director of military prosecutions or a member of staff on behalf of a complainant in proceedings, or on behalf of a person charged with or who believes he is likely to be charged with an offence, or on behalf of a person involved in the matter personally, do not come within the scope of the offence of improper communication with the director of military prosecutions. I argue that this matter is already catered for in this section of the Bill which, as drafted, provides that communications with the director of military prosecutions made by legal and medical advisers, social workers and other family members of a person involved in the matter do not come within the scope of the offence.

The provisions reflect the position in the ordinary criminal legislation pursuant to section 6(2)(a) of the Prosecution of Offences Act 1974. I, therefore, do not consider it appropriate to depart from the current position in the ordinary criminal law.

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