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

As a continuation of an amendment I tabled to the Criminal Justice Bill I wish to raise the following issues. Does the Minister accept that the public interest is not served and the mood of the public is aggravated by people who are charged with serious offences getting off on technical grounds? Does he accept that there is an onus on us to find a way to ensure justice is done? A person with a fair defence is entitled to an acquittal but without one, he or she should be convicted. It is up to us to put in place measures that ensure that a fair result emerges.

The majority recommendation of the Balance in the Criminal Law Review Group, chaired by Dr. Gerard Hogan, was to introduce a change and this has given us a lead. I note the dissenting view of Dr. Hogan and respect it as it relates to a concern about constitutional difficulties that may arise. Does the Minister agree that we must find a way to change this rule within the constitution? If necessary we can follow the recommendations of the debate last week that any such Bill be a single issue Bill and perhaps be referred by the President for constitutional proofing under Article 26.

Does the Minister accept that we should examine this matter in a broader way than the narrow confines the report of the Balance in the Criminal Law Review Group allow? We should examine the situation in Australia and I am indebted to the Oireachtas research service for finding these details. In Australia a discretionary approach is taken, in the United States a good faith exception exists and in Canada there is a three pronged approach involving a trial fairness test and other elements. The broader international context shows that this issue does not affect us only, solutions have been found in other countries and we can learn from them. I want to see a political commitment to a solution from all those with an interest in this issue and I want to see that solution put into effect as soon as possible in the next Dáil, whichever parties are in Government.

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