Michael McDowell (Dublin South East, Progressive Democrats)

Whether the accused gives evidence — there are tempting provisions in the English statute on that issue as well — the jury would know exactly the points at issue between the defence and the prosecution at the beginning of the trial. If at the end of the trial and without any defence evidence it is argued that the circumstances for visual identification were inadequate and that the complainant's evidence is wholly unreliable, at least let the jury know at the beginning of the trial that those are the issues in the case so it need not be bothered by evidence that is irrelevant to those issues. That is the point I make.

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