Pat Rabbitte (Dublin South West, Labour)

I move amendment No. 43:

In page 58, line 6, to delete "is admissible," and substitute the following:

"may be admitted, having due regard to the constitutional rights of the Defendant".

The point of principle is the constitutional rights of the defendant or, more specifically, the right to cross-examine. One cannot cross-examine a document. One can easily envisage circumstances where, in the interests of justice, it would be seen to be necessary that the right to cross-examine be provided for. Whatever about the technicalities that arise, it is this point of principle that I seek to raise in the House.

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