Michael McDowell (Dublin South East, Progressive Democrats)

No, it does not. That is the point I was just making. If a chief superintendent togs out in court to give evidence in the form of his opinion on the matter, he will not be told that a sergeant has already given such evidence. He will not be asked why he is in court, or whether he is trying to browbeat the judge. It might be considered that this involves throwing more and more people in. The purpose of enabling the chief superintendent to come to court is to underline that a senior member of the Garda, having considered the material available to the force, has formed an opinion which he is offering to the court and which is admissible as evidence. The court is free to reject such evidence, having heard it. The court can be sure that the opinion in question is the corporate view of the Garda, as tendered by an officer of serious rank in the force. That is what the effect of this provision will be.

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