Brian Lenihan Jnr (Dublin West, Fianna Fail)

Amendment No. 43 proposed by Deputy Rabbitte seeks to insert an express reference to the constitutional rights of the person who is examined in another state. The way this matter is dealt with in the Bill is set out in subsection 10, which provides that a court has a discretion as to whether the law of the state where the evidence was taken allowed for legal representation and cross-examination of the person and any other party concerned. There is a further provision for the court to consider any aspect in which the taking of the evidence may differ from the procedures used in Ireland. As the Bill stands, the court may exclude evidence if it is not satisfied in these matters. Moreover, a court will in all instances have regard to the constitutional rights of a defendant before it. Including a specific provision to that end would be unnecessary and may call into question the instances where such a provision is not specified. It is unusual to specify in legislation the constitutional rights of a party in respect of the admissibility of evidence. There are constitutional provisions governing these matters stemming from court decisions, which are applied by the courts as a matter of course in hearing such proceedings.

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